THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


WITHDRAWN 

fc.lL**'1-1' 


PRECEDENTS  AND  FORMS 


INDICTMENTS,  INFORMATIONS,  COMPLAINTS,  DECLA- 
RATIONS, PLEAS,  BILLS  IN  CHANCERY,  AN- 
SWERS, REPLICATIONS,  DEMURRERS, 
ORDERS  OF  COURT,  BONDS 
AND  WRITS, 


ADAPTED  TO  PRACTICE  IN 


UNITED  STATES  CRIMINAL  AND  CIVIL  CASES, 


TOGETHER  WITH 


FORMS  AND  INSTRUCTIONS  PERTAINING  TO  THE 

ACCOUNTS  AND  FEES  OF  UNITED-STATES 

ATTORNEYS  AND  COMMISSIONERS. 


BY 


OLIVER  E.  PAOTff,  s 

ASSISTANT  UNITED-STATES  ATTORNEY  FOB  THB 
NORTHERN  DISTRICT  OF  ILLINOIS. 


CHICAGO: 
CALLAGHAN  AND  COMPANY. 

1894. 


COPYRIGHT,  1894, 

BY 
CALLAGHAN  AND  COMPANY. 


T 


STATE  JOURNAL  PRINTING  COMPANY, 

PRIXTEM  AND  STERKOTTPKRS, 

MADUOM,  WU. 


TO   THE 

HONORABLE  WILLIAM  G.  EWING, 

JUDGE  OF  THE  SUPERIOR  COURT  OF 
COOK  COUNTY,  ILLINOIS, 

BUT  FOR  WHOSE  DISINTERESTED  KINDNESS  TO  A  YOUNG  LAWYER 

AT  THE    OUTSET   OF    HIS   CAREER   IT    WOULD 

NEVER  HAVE  BEEN  WRITTEN, 

THIS  VOLUME  IS  MOST  RESPECTFULLY  INSCRIBED. 


PREFACE. 


The  need  of  a  book  of  accurate  and  concise  precedents  for 
use  in  United-States  cases  has  long  been  felt,  not  only  by 
United-States  Attorneys  and  Commissioners,  but  also  by  such 
practitioners  as  have  for  clients  persons  against  whom  the 
Government  has  made  some  demand  or  accusation,  or  whose 
property  has  become  liable  to  forfeiture.  A  convenient  way 
for  a  busy  lawyer  to  discover  defects  in  the  written  pleadings 
of  a  given  case  is  to  compare  those  pleadings  with  precedents 
which  bear  in  themselves  evidence  of  their  conformity  to  law 
and  the  rules  of  practice,  and  which  are  accompanied  by  cita- 
tions to  approved  text-books  and  authoritative  decisions  in 
their  support.  Such  a  work  it  is  here  endeavored  to  supply. 

Many  of  the  forms  here  given  have  been  taken  from  the 
files  of  actual  cases;  and  not  a  few  of  them  have  been  sub- 
jected to  the  criticism  of  such  eminent  judges  as  Gresham, 
Blodgett  and  Drummond,  and  to  the  attacks  of  such  noted 
lawyers  as  Trumbull,  Goudy,  Storrs  and  Swett.  Some  of 
the  forms  taken  from  the  files  of  old  cases  were  drawn  by 
the  late  James  St.  Clair  Boal,  an  able  lawyer  and  an  enthu- 
siast on  the  subject  of  pleading,  who  was  for  twelve  }7ears 
Assistant  United-States  Attorney  for  the  Northern  District 
of  Illinois.  These  facts  promise  something  for  the  practical 
character  of  the  work. 

This  book  also  embodies  much  of  the  valuable  advice  given 
to  the  writer,  from  day  to  day  during  the  prosecution  of  his 
work  as  an  Assistant  United-States  Attorney,  by  the  Honor- 
able William  G.  Ewing,  for  a  long  time  State's  Attorney  for 


VI  PREPACK. 

Adams  County,  Illinois,  lately  United-States  Attorney  for 
the  Northern  District  of  Illinois,  and  at  present  one  of  the 
Judges  of  the  Superior  Court  of  Cook  County;  and  by  the 
Honorable  Thomas  E.  Milchrist,  for  eighteen  years  State's 
Attorney  for  Henry  County,  Illinois,  and  at  present  the 
United-States  Attorney  for  the  above-mentioned  district.  The 
forms  for  the  use  of  Commissioners  were  prepared  with  the 
aid  of  the  Honorable  Philip  A.  Hoyne,  now  serving  his 
fortieth  year  as  Commissioner  of  the  United-States  Circuit 
Court  for  the  same  district.  To  the  learning  and  experience 
of  these  gentlemen  much  credit  will  be  due,  if  this  work  shall 
meet  with  success. 

While  no  attempt  has  been  made  to  give  a  precedent  for 
every  conceivable  case,  it  is  thought  that  enough  forms  per- 
taining to  each  of  the  important  branches  of  the  Federal 
law  have  been  given  to  make  this  book  useful  in  any  case 
likely  to  arise. 

The  arrangement  of  the  forms  adapted  to  criminal  proced- 
ure follows  the  plan  of  the  title  "  Crimes  and  Offenses  "  in  the 
Revised  Statutes  of  the  United  States  (2d  Ed.  1878,)  for  want 
of  any  arrangement  of  this  matter  in  the  body  of  the  Re- 
vised Statutes.  The  forms  for  civil  cases  fall,  according  to 
the  character  of  their  subject-matter,  into  divisions  respect- 
ively entitled  Admiralty,  Customs,  Internal  Revenue,  Post- 
Office,  and  Miscellaneous;  the  latter  including  some  Equity 
forms.  OLIVER  E.  PAOIN. 

CHICAGO,  April  17th,  1894. 


TABLE  OF  CONTENTS. 


FORMS  ADAPTED  TO  CRIMINAL  CASES: —  Pages. 

General  forms  (beginnings  and  conclusions)  of  indictments  and 
informations,  and  forms  of  pleas,  recognizances,  warrants, 
orders  of  court,  praecipes,  bail-bond  and  bond  for  costs  on 

appeal 3-19 

General  forms  (beginnings  and  conclusions)  of  complaints  be- 
fore United-States  Commissioners,  forms  of  warrants,  sub- 
poanas,  recognizances,  justification  of  bail,  commitments, 
transcript,  search-warrants  and  affidavits  for  the  same,  and 
forms  in  proceedings  for  the  discharge  of  poor  convicts  .  20-40J 
Forms  showing  manner  of  charging  — 

Crimes  against  the  operations  of  the  Government; — for- 
geries, frauds,  counterfeiting  obligations,  making  false 
claims,  larceny  of  United-States  property,  conspiracies 

to  defraud  tha  United  States,  etc. 41-102' 

Crimes  against  the  elective  franchise  and  civil  rights  of 

citizens  of  the  United  States 103-120 

Official  misconduct 127-140 

Crimes  against  justice ;  —  perjury,  obstructing  court  offi- 
cers, etc. 141-153- 

Crimes  under  the  maritime  jurisdiction  of  the  United 

States      154-156 

Counterfeiting  coin 157-170" 

Postal  crimes 171-275 

Crimes  relating  to  merchant  seamen     ...    N     ...  276-279  • 

Crimes  under  customs  laws 279-282 

Crimes  under  internal-revenue  laws 283-332 

Miscellaneous  offenses,  and  offenses  under  the  national- 
bank  laws 333-343 

FORMS  ADAPTED  TO  CIVIL  CASES:  — 

Proceedings  in  rem  and  in  personam,  under — 

Admiralty  and  navigation  laws 347-363 

Customs  laws 364-388 

Internal-revenue  laws 389-438 

Postal  laws 439-455^ 

Miscellaneous ;  —  suits  on  contracts  and  official  bonds,  removal 
of  suits,  pleas,  demurrers,  replications,  motions,  orders,  pe- 
titions, equity  forms,  etc.  456-512' 

FORMS  AND  INSTRUCTIONS  PERTAINING  TO  ACCOUNTS  AND  FEES 

OF  UNITED-STATES  ATTORNEYS  AND  COMMISSIONERS  .          .  513-533 


TABLE  OF  CASES  CITED. 


Account  of  District  Attorney,  In  re, 

23  F.  R,  26,  see  p.  521. 
Albert,  U.  S.  v.,  45  F.  R,  552,  No.  57, 

note  4 
Ambrose,  U.  S.  v.,  2  F.  R,  764,  No. 

121,  notes  2  and  a 
Andrews,  U.  S.  v.,  58  F.  R,  861,  No. 

294,  note  1. 
Averill  v.  Smith,   17  Wall,  82,   No. 

742,  note  1. 
Babcock,  U.  S.  v.,  34  F.  R,  873,  No. 

214,  note  1. 
Bailey,  Com.  v.,  1  Mass.,  62,  No.  60, 

note  3. 
Bailey,  U.  a  v.,  47  F.  R,  117,  No.  310, 

note  2. 
Baldwin  v.  Franks,  120  U.  S.,  678, 

No.  157,  note  1. 
Barber,  U.  S.  v.,  140  U.  S.,  164,  No. 

55,  note  1,  and  p.  521. 
Bartow,  U.  S.  v.,  10  F.  R,  874,  No. 

620,  note  6. 
Bates  v.  U.  S.,  10  F.  R,  92,  No.  285, 

note  2 ;  No.  287,  note  1 ;  No.  306, 

note  1 ;  No.  310,  note  2 ;  No.  436, 

note  3. 
Baugh,  U.  S.  v.,  1  F.  R,  784,  No.  7, 

note  1 ;  No.  344,  note  1 ;  No.  344, 

note  6. 
Bayaud,  U.  S.  v.,  16  F.  R,  376,  No.  453, 

note,  (p.  259);  No.  540,  note  1. 
Bejandio,  U.  S.  v.,  1  Woods,  294,  No. 

231,  note  1. 

Bird  v.  U.  S.,  45  F.  R,  110,  see  p.  521. 
Boggs,  U.  S.  v.,  31  F.  R,  337,  No.  217, 

note  1. 
Bollman,  Ex  parte,  4  Cranch,  75,  No. 

37,  note  1. 


Bornemann,  U.  S.  v.,  36  F.  R,  257, 

No.  6,  note  7;  No.  203,  note  1; 

No.  205,  note  1 ;  No.  408,  note  1 ; 

No.  451,  note  2. 
Bougher,  U.  S.  v.,  6  McLean,  277,  No. 

115,  note  1. 
Britton,  U.  &  v.,  108  U.  S.,  199,  No. 

143,  note  1. 
Britton,  U.  S.  v.,  107  U.  S.,  655,  No. 

618,  note  1. 
Buckland's  Case,  8  Leigh,  732,  No.  60, 

note  3. 
Burns,  U.  S.  v.,  5  McLean,  23,  No.  389, 

note  1. 
Burroughs,  IT.  S.  v.,  3  McLean,  405, 

No.  345,  note  1. 
Byrne,  U.  S.  v.,  44  F.  R,  188,  No.  6, 

note  16 ;  No.  60,  note  2;  No.  178, 

note  2 ;  No.  343,  note  3 ;  No.  344, 

note  1 ;  No.  385,  note  2. 
Campbell,  U.  &  v.,  16  F.  R,  233,  No. 

426,  note  1. 
Carll,  U.  S.  v.,  105-  U.  S.,  611,  No.  98, 

note  1 ;  No.  453,  note  (p.  262). 
Carr,  State  v.,  5  N.  H.,  367,  No.  60, 

note  3. 
Cates  v.  Allen,  149  U.  S.,  451,  No.  748, 

note  1. 
Chase,  U.  S.  v.,  27  F.  R,  807,  No.  286, 

note  7. 
Chase,  U.  S.  v.,  135  U.  S.,  255,  No.  294, 

note  1. 
Claassen  v.  U.  S.,  142  U.  S.,  140,  No. 

624,  note  2. 
Clark,  U.  S.  v.,  37  F.  R,  106,  No.  285, 

note  1. 
Clarke,  U.  S.  v.,  38  F.  R,  732,  No.  285, 

note  4 


CASES   CITED. 


Coffey  v.  U.  a,  116  U.  a,  427,  No. 

665,  note  1 ;  No.  660,  note  2 ;  No. 

672,  note  1. 
Conrad,  U.  &  v.,  59  F.  R,  458,  No. 

810,  note  2 ;  No.  323,  note  1. 
Coppersmith,  U.  &  v.,  4  F.  R,  198, 

No.  6,  note  9 ;  No.  63,  note  1 ;  No. 

64,  note  2. 
Corbin,  U.  a  v.,  11  F.  R,  238,  No.  6, 

note  16 ;  No.  82,  note  1 ;  No.  122, 

note  1 ;  No.  432,  note  1 ;  No.  436, 

noted. 
Craft,  U.  a  v.,  43  F.  R,  374,  No.  115, 

note  1. 
Crawford  v.  U.  a,  40  F.  R,  446,  see 

p.  521. 
Cuddy,  U.  a  v.,  89  F.  R,  696,  No.  213, 

note  1. 
Davis,  U.  a  v.,  6  F.  R,  682,  No.  182, 

noted. 
Davis,  U.  a  v.,  83  F.  R,  865,  No.  389, 

note  1. 
Edwards,  U.  a  v.,  43  F.  R,  67,  No.  213, 

noted. 
Eno,  U.  a  v.,  56  F.  R,  218,  No.  622, 

note  1. 
Erwin,  U.  a  v.,  147  U.  a,  685,  see 

p.  521. 
Ewinfc  U.  a  v.,  140  U.  a,  142,  see 

pp.  516,  521. 
Falkenhainer,  U.  a  v.,  21  F.  R,  624, 

No.  844,  notes  5  and  6 ;  No.  357, 

note  1 ;  No.  389,  note  1 ;  No.  405, 

notel. 
Fero,  U.  a  v.,  18  F.  R,  901,  No.  6, 

note  16 ;  No.  60,  note  2 ;  No.  187, 

note  1 ;  No.  285,  note  2 ;  No.  440, 

noted. 
Flemming,  U.  a  v.,  18  F.  R,  907,  No. 

449,  note  1 ;  No.  453,  note. 
Four    Hundred     and     Twenty-two 

Casks  of  Wine,  U.  a  v.,  1  Pet, 

547,  No.  662,  note  1. 
Franklin,  People  v.,  3  Johns.  Cases, 

No.  60,  note  & 
French,  U.  a  v.,  57  F.  R,  882,  No.  620, 

notes  2  and  6. 
Gibson  v.  Peters,  150  U.  a,  842,  see 

p.  521. 


Goggin,  U.  a  v.,  3  F.  R,  492,  No.  121, 

note  1. 
Gordon,  U.  a  v.,  22  F.  R,  250,  No.  139, 

note  1. 
Graves.  The  People  v.,  5  Parker  Cr.  C., 

134,  No.  437,  note  4. 
Griffin  v.  State,  14  O.  (N.  S.\  55,  No. 

60,  note  3. 
Grimm,  U.  a  v.,  45  F.  R,  558,  No.  287, 

note  1. 
Grottkau,  U.  a  v.,  30  F.  R,  672,  No. 

87,  note  1. 
Gruver,  U.  a  v.,  35  F.  R,  59,  No.  357, 

note  1. 

Hall,  U.  a  v.,  147  U.  S.,  691,  see  p.  521. 
Hamilton,  U.  a  v.,  9  F.  R,  442,  No. 

344,  note  & 
Harmon  et  al,  U.  a  v.,  84  F.  R,  872, 

No.  285,  note  5. 
Harper,  U.  a  v.,  33  F.  R,  471,  No.  6, 

note  13;  No.  626,  note  1. 
Henry,  In  re,  123  U.  a,  372,  No.  285, 

note  3 ;  No.  438,  note  1 ;  No.  440, 

note  2 ;  No.  453,  note,  (p.  261). 
Hess,  U.  a  v.,  124  U.  S.,  483,  No.  451, 

notes  1  and  2. 
Hibbs,  Ex  parte,  26  F.  R,  421,  No.  702, 

noteS. 
Hoeflinger,  U.  a  v.,  33  F.  R,  469, 

No.  6,  note  7 ;  No.  408,  note  1 ; 

No.  451,  note  2. 
Horner,  U.  a  v.,  44  F.  R,  677,  No.  323, 

note  1. 
Horner  v.  U.  a,  143  U.  a,  207,  No.  323, 

note  1. 
Howard,  U.  a  v.,  17  F.  R,  638,  No. 

115,  note  1. 
Hoyne  v.  U.  S.,  88  F.  R,  542,  see 

p.  521. 
Hughitt,  U.  a  v.,45  F.  R,  47,  No.  620, 

note8. 
Hull,  U.  a  v.,  14  F.  R,  324,  No.  6, 

note  16;  No.  60,  note  2;  No.  78, 

note  2 ;  No.  80,  note  1 ;  No.  121, 

note  4. 
Imsand,  U.  a  v.,  1  Woods,  581,  No. 

577,  note  1. 
Jackson,  U.  a  v.,  29  F.  R,  503,  No. 

844,  note  6 ;  No.  345,  note  1. 


CASES    CITED. 


XI 


Jackson,  Ex  parte,  96  U.  S.,  727,  No. 

453,  note,  (p.  256). 
Jacoby,  U.  &  v.,  12  Blatch.,  491,  No. 

592,  note  1. 
Jacques,  U.  S.  v.,  55  F.  R,  53,  No. 

164,  note  1. 
Jarvis,  U.  S.  v.,  59  F.  R,  357,  No.  294, 

note  1. 
Jolly,  U.  S.  v.,  37  F.  R.,  108,  No.  57, 

notes  3  and  4 ;  No.  437,  note  4. 
Jones,  U.  S.  v.,  27  F.  R,  447,  No.  344, 

note  4. 
Jones,  U.  S.  v.,  31  F.  R,  718,  No.  344, 

note  6 ;  No.  345,  note  1. 
Jones,  U.  S.  v.,  31  F.  R,  725,  No.  344, 

note  6 ;  No.  345,  note  1. 
Jones,  U.  a  v.,  147  U.  S.,  672,  see 

p.  516. 
Jones,  U.  S.  v.,  134  U.  S.,  483,  see 

p.  522. 
Kaltmeyer,  U.  S.  v.,  16  F.  R,  760,  No. 

287,  note  1 ;  No.  290,  note  1 ;  No. 

293,  note  1. 
Kee  Ho  et  al,  U.  S.  v.,  33  F.  R,  333, 

No.  481,  note  1 ;  No.  484,  note  1. 
Reiver,  U.  S.  v.,  56  F.  R,  422,  No.  42, 

note  1. 
King,  U.  S.  v.,  147  U.  S.,  676,  see 

p.  516. 
Koch,  U.  S.  v.,  21  F.  R,  873,  No.  6, 

note  9;  No.  63,  note  1 ;  No.  188, 

note  2. 
Lacher,  U.  S.  v.,  134  U.  S.,  624,  No. 

343,  note  1 ;  No.  364,  note  2. 
Laescki,  U.  S.  v.,  29  F.  R,  699,  No.  115, 

note  1 ;  No.  614,  note  1. 
Lancaster,  U.  S.  v.,  44  F.  R,  885,  No. 

154,  note  4. 
Lehman,  U.  S.  v..  39  F.  R,  768,  No. 

87,  note  1 ;  No.  213,  note  7. 
Lewis  v.  U.  S.,  146  U.  S.,  370,  No.  11, 

note  1. 
Locke  v.  U.  S.,  7  Cranch,  339,  No. 

742,  note  1. 
Logan  v.  U.  S.,  144  U.  S.,  at  p.  297, 

No.  6,  note  2 ;  No.  154,  note  1. 
Longley,  State  v.,  10  Ind.,  484,  No. 

437,  note  4. 


Mackin  v.  U.  S.,  117  U.  S.,  348,  No.  7, 

note  1. 
Males,  U.  S.  v.,  51  F.  R,  41,  No.  285, 

note  4. 
Martin,  U.  S.  v.,  50  F.  R,  918,  No.  285, 

note  4. 
Mason,  U.  S.  v.,  12  Blatch.,  497,  No. 

60,  note  3. 
McBosley,  U.  S.  v.,  29  F.  R,  897,  No. 

159,  note  2. 
McCabe,  U.  S.  v.,  58  F.  R,  557,  No. 

169,  note  2. 
McCandless,  U.  S.  v.,  147  U.  S.,  692, 

see  p.  516. 
McConaughy,  U.  S.  v.,  33  F.  R,  168, 

No.  213,  note  2. 
McDermott,  U.  S.  v.,  140  U.  £,  151, 

see  p.  521. 
McKinstry  v.  U.  S.,  34  F.  R,  211,  see 

p.  521. 
Means,  U.  S.  v.,  42  F.  R,  599,  No.  624, 

note  2. 
Mills,  U.  S.  v.,  7  Pet,  138,  No.  344, 

note  1. 
Milner,  U.  S.  v.,  36  F.  R,  890,  No.  143, 

note  1 ;  No.  156,  note  3. 
Monroe    Cattle   Co.   v.   Becker,   147 

U.  S.,  47,  No.  6,  note  4. 
Moore,  U.  S.  v.,  11  F.  R,248,  No.  115, 

note  1. 
Morrissey,  U.  S.  v.,  32  F.  R,  147,  No. 

159,  note  2. 
Morrow  Shoe  Manuf  g  Co.  v.  New 

England  Shoe  Co.,  57  F.  R,  685, 

No.  748,  note  1. 
Nelson,  U.  S.  v.,  1  Abb.  U.  S.,  135, 

No.  226,  note  1. 
Noelke,  U.  S.  v.,  1  F.  R,  426,  No.  6, 

note  16 ;  No.  310,  notes  1  and  2 ; 

No.  313,  note  1. 
Northway,  U.  S.  v.,  120  U.  S.,  327, 

No.  624,  note  1. 
One  Raft,  U.  S.  v.,  13  F.  R,  796,  No. 

635,  note  1. 

Otey,  U.  S.  v.,  31  F.  R,  68,  (12  Saw- 
yer, 416,)  No.  232,  note  1. 
Patrick  et  al.,  U.  S.  v.,  53  F.  R,  356, 

No.  154,  note  1. 


XII 


OASE8   CITED. 


Patrick  et  al,  U.  S.  v.,  54  F.  R,  838, 

Na  154,  notes  1  and  4. 
Patterson,  U.  &  v.,  150  U.  a,  65,  see 

p.  516. 
Patty,  U.  &  v.,  2  F.  R,  664,  No.  285, 

note  3 :  Na  440,  note  2. 
Pettibone,  U.  &  v.,  148  U.  a,  197,  No. 

148,  note  1 ;  Na  156,  note  2. 
Polite  et  al.,  U.  &  v.,  85  F.  R,  58,  No. 

7,  note  1. 
Potter,  U.  &  v.,  56  F.  R,  83,  Na  620, 

notes  1  and  5. 
Potter,  U.  S.  v.,  56  F.  R,  97,  Na  620, 

note  3. 
Reichert,  U.  S.  v.,  82  F.  R,  142,  Na  6, 

note  1 ;  Na  121,  note  2;  Na  154, 

note  1 ;  Na  437,  note  -I. 
Rex  v.  Hynes,  4  M.  &  &,  221,  Na  6, 

note  14 
Rodgers,  U.  8.  v.,  150  U.  &,  249,  Na 

221  (2),  note  2. 
Sander,  U.  a  v.,  6  McLean,  598,  No. 

848,  note  3:  Na  885,  note  2. 
Scott  v.  Neely,  140  U.  S.,  106,  Na  748, 

note  1. 
Simmons,  U.  &  v.,  96  U.  S..  360,  No. 

458,  note,  (p.  262) ;  Na  508,  note 

1;  Na  510,  note  1. 
Singleton,  U.  a  v.,  54  F.  R.  488,  Na 

218,  note  4 
Slenker,  U.  a  v.,  82  F.  R,  691,  No. 

285,  note  1. 
Smith,  U.  a  v.,  40  F.  R,  755,  Na  7, 

note  1. 
Smith,  U.  a  v.,  45  F.  R,  561,  No.  436. 

note  1. 
Staata,  U.  a  v.,  8  How.,  41,  Na  6, 

note  9;  Na  63,  note  1;  No.  81, 

note  2 ;  Na  82.  note  1. 
Stantoa  T.  U.  a,  87  F.  R,  252,  see 

p.  521. 
Stevens,  Com.  T.,  1  Mass.,  204,  Na  60, 

note  a 
Strickland,  U.  a  v.,  25  F.  R,  469,  Na 

7,  note  L 


Swain  v.  The  People,  4  Scam.,  178, 

Na  231,  note  1. 
Taylor,  U.  a  v.,  57  F.  R,   391,  Na 

177,  note  3 ;  Na  204,  note  2 ;  No. 

494,  note  1. 
Taylor.  U.  a  v.,  147  U.  a,  695,  see 

p.  516. 
The  Erastus  Corning,  25  F.  R,  572, 

Na  635,  note  2. 
The  Idaho,  29  F.  R,  187,  No.  630,  not*  8 

2  and  4 

The  Julia,  57  F.  R,  233.  No.  643,  note  1. 
The  Sarah,  8  Wheat,  391,  No.  630, 

note  1. 
The  Thompson,  8  Wall.,  155,  Na  742, 

note  1. 
Trice,  U.  a  v.,  80  F.  R,  490,  No.  221, 

note  1. 
Tuthill  v.  U.   a,  88  F.  R,  538,  see 

p.  521. 
Van  Duzee,  U.  a  v.,  140  U.  a,  169, 

see  p.  516. 
Van  Hoorebeke  v.  U.  S.,  40  F.  R,  456, 

see  p.  521. 
Waddell,  U.  a  v.,  112  U.  S.,  76,  Na 

158,  note  & 
Walsh,   U.  a  v.,  22  F.  R,  644,  Na 

213,  note  3. 
Wan  Lee,  U.  a  v.,  44  F.  R,  707,  Na 

6,  note  2. 

Warner,  U.  a  v.,  59  F.  R,  355,  Na 

294,  note  1. 
Waters,  U.  a  v.,  133  U.  a,  208,  see 

p.  521. 
Wentworth,  U.  a  v.,  11  F.  R,  52, 

Na  72^  note  1 ;  Na  95,  note  1. 
Wight,  U.  a  v.,  38  F.   R,  106,  Na 

843,  note  1 ;  Na  344,  note  1 ;  No. 

348,  note  1. 
Wilson,  Exparte,  114  U.  a,  417,  Na 

7,  note  1. 

Wilson,  U.  a  v.,  58  F.  R,  768,  No. 

294,  note  1. 
Yarbrough,  Ex  parte,  110  U.  a,  651, 

Na  154,  note  5. 


FORMS  ADAPTED  TO  CRIMINAL  CASES. 


GENERAL  FORMS  OF  INDICTMENTS,  ETC. 


General  form  of  an  indictment  consisting  of  several  counts. 

No.  1  (1). 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  year  of  our 

Lord  eighteen  hundred  and . 

District  of  ,  set. —  The  grand  jurors  for  the  United 

States  of  America,  inquiring  for  the  District  of  ,  upon 

their  oath  present,  that  James  Walsh  junior,  late  of  the  city 

of ,  in  the  said  district,  on  the  fifteenth  day  of  March,  in 

the  year  of  our  Lord  eighteen  hundred  and  ninety-three,  at 

aforesaid,  in  the  district  aforesaid,  unlawfully  did 

;  against 

the  peace  and  dignity  of  the  said  United  States,  and  contrary 
to  the  form  of  the  statute  of  the  same  in  such  case  made  and 
provided. 

No.  2  (2). 

*> 
And  the  grand  jurors  aforesaid,1  upon  their  oath  aforesaid, 

do  further  present,  that  the  said  James  WalsK  junior,  on  the 
twenty-sixth  day  of  April,  in  the  year  of  our  Lord  eighteen 

hundred  and  ninety-three,  at  aforesaid,  in  the  district 

aforesaid, 

;  against  the  peace  and  dignity  of  the  said  United 

States,  and  contrary  to  the  form  of  the  statute  of  the  same  in 
such  case  made  and  provided. 

No.  3  (3), 

And  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 
do  further  present,  that  the  said  James  Walsh  junior,  on  the 
said  twenty-sixth  day  of  April,  in  the  year  aforesaid,  at  the 
said  city  of ,  in  the  district  aforesaid, ; 

i  See  1  Arch.  Cr.  Pr.  &  PL  76. 


4  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

against  the  peace  and  dignity  of  the  said  United  States,  and 
contrary  to  the  form  of  the  statute  of  the  same  in  such  case 

made  and  provided.  , 

United-States  Attorney. 


General  form  of  an  indictment  in  two  counts.    Alias  dictus. 

No.  4  (1). 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Terra,  in  the  year  of  our 

Lord  eighteen  hundred  and . 

UNITED  STATES  OF  AMERICA,  } 

District  of ,  \  set. —  The  grand  jurors  of  the 

United  States  of  America,  chosen,  selected  and  sworn  in  and 

for  the  District  of ,  in  the  name  and  by  the  authority  of 

the  said  United  States,  upon  their  oaths  present,  that  James  If. 

Cook,  otherwise  called '  J.  A.  Parks,  late  of  C ,  in  the  said 

district,  on  the day  of  ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  within  the  district  aforesaid, 

;  against 

the  peace  and  dignity  of  the  said  United  States,  and  contrary 
to  the  form  of  the  statute  of  the  same  in  such  case  made  and 
provided. 

No.  5  (2). 

And  the  grand  jurors  aforesaid,  upon  their  oaths  aforesaid, 
do  further  present,  that  the  said  James  II.  Cook,  otherwise 
called  J.  A.  Parks,  late  of  0 aforesaid,  in  the  said  dis- 
trict, heretofore,  to  wit,  on  the  said day  of ,  in  the 

same  year  of  our  Lord  eighteen  hundred  and ,  to  wit,  at 

C aforesaid,  in  the  District  of aforesaid, 

;  he  the  said 

James  B.  Cook,  otherwise  called  J.  A.  Parks,  

;  against  the 

peace  and  dignity  of  the  said  United  States,  and  contrary  to 
the  form  of  the  statute  of  the  same  in  such  case  made  and 

provided.  , 

United-States  Attorney. 

1  As  to  describing  a  defendant  with  an  aliat  dictus,  see  1  Chitty  Cr.  L.  203. 


General  form  of  an  indictment,  showing  modes  of  alleging 
names,  time  and  various  facts,  and  giving  citations  to 
authorities. 

No.  6. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  ILLINOIS,  NORTHERN 
DIVISION. 

Of  the  October  Adjourned  Term,  A.  D.1  189-. 
Northern  District  of  Illinois,  } 

Northern  Division,  J  set. —  The  grand  jurors  for  the 
United  States  of  America,  inquiring  for  the  Northern  Division2 
of  the  Northern  District  of  Illinois,  upon  their  oath 3  present, 
that  heretofore,  to  wit,  on  the  second  day  of  September,  in  the 
year  of  our  Lord  eighteen  hundred  and  ninety-three,  at  the 
city  of  Chicago,  in  the  said  division  and  district,  one  JI*  B. 
Smith  (whose  Christian  name  is  to  the  said  grand  jurors  un- 
known,) was ;  And  that  Joseph  Patterson  the  younger? 

late  of6  the  city  of  Chicago  aforesaid,  on  the  same  day  and 
year  aforesaid,  being7 ,  unlawfully8  and  feloniously9  did 

1  That  the  initials  A.  D.  may  be  used  in  indictments  to  indicate  the  year 
of  our  Lord,  and  that  Arabic  numbers  and  Roman  letters  have  become 
indicative  of  numbers  as  fully  as  words  written  out  could  be,  see  observa- 
tions of  Mr.  Justice  Field,  in  U.  S.  v.  Reichert,  32  F.  R  143. 

2See  U.  S.  v.  Wan  Lee,  44  F.  R  707 ;  Logan  v.  U.  S.,  144  U.  S,  at  p.  297 ;  1 
Chitty  Cr.  L.  196. 

3  See  1  Chitty  Cr.  L.  176;  1  Arch.  Cr.  Pr.  &  PL  76. 

4  That  the  use  of  initials  for  the  Christian  name  should  be  avoided,  see 
Monroe  Cattle  Co.  v.  Becker,  147  U.  S.  47,  and  cases  cited. 

s  See  1  Chitty  Cr.  L.  210,  211. 

6  The  usual  and  better  course  is  to  state  the  defendant's  addition  of  the 
same  place  as  that  where  the  offense  was  committed.    1  Chitty  Cr.  L.  210. 

7  A  direct  averment :  U.  S.  v.  Borneman,  36  F.  R  257 ;  1  Chitty  Cr.  L.  285 : 
but  see  U.  S.  v.  Hoeflinger,  33  F.  R  469. 

8  "  The  term  '  unlawfully,'  which  is  frequently  used  in  the  description  of 
the  offense,  is  unnecessary,  wherever  the  crime  existed  at  common  law,  and 
is  manifestly  illegal.    But  if  a  statute,  in  describing  an  offense  which  it 
creates,  uses  the  word,  the  indictment  founded  on  the  act  will  be  bad,  if  it 
be  omitted ;  and  it  is,  in  general,  best  to  insert  it,  especially  as  it  precludes 
all  legal  cause  of  excuse  for  the  crime."    1  Chitty  Cr.  L.  241. 

9  The  word  feloniously  need  not  be  used  where  a  felonious  intent,  within 
the  meaning  of  the  common  law,  is  no  part  of  the  description  of  the  offense, 
and  where  the  offense  is  complete,  under  the  statute,  without  it, —  its  being  a 


6  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

the  Chicago  City  Railway,  (a  corporation  then  and  there 10 

existing  under  that  name,) to  a  certain  person  or  per- 
sons by  the  designation  of  Post  &  Mail certain  persons 

using  the  style  and  firm  of  Chapin  &  Gore certain  per- 
sons to  the  said  grand  jurors  unknown u (corporations 

under  those  names  respectively,) (a  corporation  under 

that  name,) divers  persons  to  the  grand  jurors  afore- 
said as  yet  unknown as  follows,  that  is  to  say, of 

the  tenor 12  following,  to  wit:  there  and  then,  to  wit,  on 

the  day  and  year  first  aforesaid certain  of  the  moneys, 

funds  and  credits  of  the  said  banking  association,  then  and 

there  being,  to  the  amount  and  of  the  value  of  M dollars 

.  And  the  grand  jurors  aforesaid,  upon  their  oath  afore- 
said, do  further u  present,  that  .  And  so  the  grand 

jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 
said  Joseph  Patterson  the  younger,  on  the  said  second  day  of 
September,  in  the  year  of  our  Lord  eighteen  hundred  and 
ninety-three,  at  Chicago  aforesaid,15  in  the  division  and  district 
aforesaid,  in  manner  and  form  aforesaid,  feloniously  did  make 

felony  being  a  conclusion  of  law  from  the  acts  done  with  the  intent  de- 
scribed See  U.  S.  v.  Stnats,  8  How.  41 ;  U.  S.  v.  Coppersmith,  4  F.  R  198 ; 
U.  S.  v.  Koch,  21  Id.  87a 

'•  Time  and  place,  having  been  once  alleged  with  certainty  in  the  body  of 
the  indictment,  are  to  be  repeated,  usually  by  means  of  the  words  then  and 
there,  to  every  material  fact  which  is  issuable  and  triable.  1  Chitty  Cr.  L. 
198,  221.  See  note  15,  infra. 

»  See  1  Chitty  Cr.  L  212. 

»  See  1  Bishop  Cr.  Proc,  §  559 ;  1  Chitty  Cr.  L.  23a 

IJ  Exact  sum  stated  need  not  be  proven.  U.  S.  v.  Harper,  83  F.  R  471.  See 
also  1  Chitty  Cr.  L  174,  238. 

"  It  is  a  general  rule  which  runs  through  the  whole  criminal  law,  that  it 
is  sufficient  to  prove  so  much  of  the  indictment  as  shows  that  the  defendant 
has  committed  a  substantive  crime  therein  specified;  and  in  the  case  of  re- 
dundant allegations  it  is  sufficient  to  prove  part  of  what  is  alleged  according 
to  its  legal  effect,  provided  that  that  which  is  alleged,  but  not  proved,  be 
neither  essential  to  the  charge,  nor  describe  or  limit  that  which  is  essential." 
1  Chitty  Cr.  I*  250. 

14  See  1  Chitty  Cr.  L.  176,  citing  Rex  v.  Haynes,  4  M.  &  S.  221,  holding  that 
this  expression  is  proper,  and  does  not  necessarily  indicate  a  new  count 
See  also  Bishop  Cr.  Proc.  §  182. 

w  "  It  is  not  necessary  to  repeat  the  whole  description  of  the  venue,  and 
therefore,  'at  Fort  St.  George  aforesaid,'  was  held  sufficient,  it  having  been 
previously  more  particularly  described."  1  Chitty  Cr.  L,  198,  citing  5  T.  R 
Old.  Bee  note  10,  9upra. 


GENERAL   FORMS    OF    INDICTMENTS,  ETC.  7 

and  cause lfi  to  be  made ;  against  the  peace  and  dignity17  of 

the  said  United  States,  and  contrary  to  the  form  of  the  statute 
thereof  in  such  case  made  and  provided. 

» 
United- States  Attorney. 


General  form  of  a  criminal  information l  consisting  of  sev- 
eral counts. 

No.  7  (1). 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  year  eighteen 

hundred  and  ninety  three. 

District  of  ,  set. —  Be  it  remembered,  that , 

Attorney  of  the  United  States  of  America  for  the  District  of 

,  who  for  the  said  United  States  in  this  behalf  prosecutes,  in 

his  own  person  comes  here  into  the  District  Court  of  the  said 
United  States  for  the  district  aforesaid,  on  this  twenty-second 
day  of  November,  in  this  same  term,  and  for  the  said  United 
States  gives  the  court  here  to  understand  and  be  informed, 
that  Lewis  Cohn,  late  of  the  city  of ,  in  the  said  district, 

16  Not  double.    See  U.  S.  v.  Hull,  14  F.  R.  325,  and  cases  cited ;  1  Chitty 
Cr.  L.  251. 

For  other  cases  on  the  subject  of  duplicity,  see  U.  S.  v.  Noelke,  1  F.  R.  426, 
("  letter  and  circular");  U.  S.  v.  Corbin,  11  Id.  238,  ("writing  and  affidavit") ; 
U.  S.  v.  Fero,  18  Id.  901,  ("  receiving  money  under  threat  of  informing  and 
as  a  consideration  for  not  informing,"  same  transaction) ;  U.  S.  v.  Byrne, 
44  Id.  188,  ("  embezzling  a  letter  and  stealing  its  contents  "). 
i?  See  1  Chitty  Cr.  L.  248. 

1  See  No.  630,  note  1,  concerning  the  nature  of  informations  generally ; 
and  1  Chitty  Cr.  L.,  "  Of  Criminal  Informations,"  per  totum. 

The  district  attorney  must  first  have  leave  of  court  to  file  a  criminal  in- 
formation ;  and  the  court  may  require  him  to  first  bring  the  accused  before 
the  court  to  show  cause  against  the  filing  thereof.  U.  S.  v.  Smith,  40  F.  R. 
755;  U.  S.  v.  Baugh,  1  Id.  784,  788. 

The  information  must  be  based  on  oath  or  affidavit,  stating  the  charge 
substantially  in  the  language  of  the  statute  creating  the  offense.  U.  S.  v. 
Baugh,  supra;  U.  S.  v.  Strickland,  25  F.  R.  469 ;  U.  £  v.  Polite  et  al,  85  Id.  58. 

Infamous  crimes  —  crimes  punishable  by  imprisonment  in  a  State  prison 
or  penitentiary  —  cannot  be  prosecuted  by  information.  Ex  parte  Wilson, 
114  U.  S.  417;  Mackin  v.  U.  S,,  117  Id.  348, 


8  FORMS   ADAPTED    TO   CRIMINAL   CASKS. 

on  the  first  day  of  July,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  ninety-three,  at  -  -  aforesaid,  in  the  district  afore- 
said,   

;  against  the  peace  and  dignity  of  the  said  United  States, 

and  contrary  to  the  form  of  the  statute  of  the  same  in  such 
case  made  and  provided. 

No.  8  (2). 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  for  the  said  United  States  further  gives 
the  court  here  to  understand  and  be  informed,  that  the  said 
Lewis  Cohn,  on  the  first  day  of  October,  in  the  year  of  our 

Lord  eighteen  hundred  and  ninety-three,  at aforesaid,  in 

the  district  aforesaid, 

;  against  the  peace  and  dignity  of  the 

said  United  States,  and  contrary  to  the  form  of  the  statute  of 
the  same  in  such  case  made  and  provided. 

No.  9  (3). 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  for  the  said  United  States  further  gives 
the  court  here  to  understand  and  be  informed,  that  the  said 
Lewis  Cohn,  on  the  fifth  day  of  October,  in  the  same  year 

eighteen  hundred  and  ninety-three,  at  the  said  city  of ,  in 

the  district  aforesaid, 

,  to  the  said  Attorney  unknown, 

;  against, 

etc.,  [as  before']. 

No.  10. 

Whereupon  the  said  Attorney  of  the  said  United  States, 
who  prosecutes  as  aforesaid,  for  the  said  United  States  prays 
the  consideration  of  the  court  here  in  the  premises,  and  that 
due  process  of  law  may  be  awarded  against  him,  the  said 
Lewis  Cohn,  in  this  behalf,  to  make  him  answer  to  the  said 
United  States  concerning  the  premises  aforesaid. 


United-States  Attorney. 


GENERAL   FORMS   OF   INDICTMENTS,  ETC. 

Plea  of  nolo  contendere1  to  an  indictment. 
No.  11. 

IN  THE  COURT  OF  THE  UNITED  STATES  OF  AMERICA  FOR 

THE  DISTRICT  OF  . 

Of  the Terra,  in  the  year  of  our 

Lord  eighteen  hundred  and . 

The  United  States,  etc.  )      No. . 

vs.  r     Indictment. 

M J.  c .  And  the  said  M J.  C ,  in 

his  own  person  [or,  by ,  his  attorney,]  comes  into 

the  court  here,  on  this  day,  and  protesting  that  he  is  not 
guilty  of  the  several  offenses  in  the  said  indictment  above 
charged  against  him,  nevertheless  for  plea  to  the  said  indict- 
ment says,  that  he  will  not  contend  with  the  said  United 
States  in  respect  of  the  matters  and  things  therein  alleged 

against  him.  M J.  C . 

\_0r,  M J.  C ,  by ,  his  attorney.] 


Plea  of  nolo  contendere  to  an  information. 
No.  12. 

IN  THE  COURT  OF  THE  UNITED  STATES  OF  AMERICA  FOR 

THE  DISTRICT  OF . 

March  Adjourned  Term,  189-. 
The  United  States  of  America  \    No. . 

>   Information. 

)    And    the    said    L H. 

-,  his  attorney  duly  empowered,  comes 

into  the  court  here,  on  this  day  of  ,  in  this  same 

term;   and  thereupon  the  said  L H.  B ,  protesting 

that  he  is  not  guilty  of  the  offenses,  or  either  of  them,  in  the 
said  information  charged  against  him,  nevertheless,  for  plea 
to  the  said  information  sa}7s,  that  he  will  not  contend  with 

1  This  plea  is  often  preferred  to  a  plea  of  guilty,  because  it  avoids  a  record 
admission  of  facts,  which  may  be  used  in  a  civil  case  against  the  defend- 
ant It  seems  that  at  common  law  this  plea  was  admissible  only  in  cases 
of  misdemeanor.  See  1  Bish.  Cr.  Proc,  §§  802,  803,  804 ;  Lewis  v.  U.  £,  146 
U.  a  370. 


10  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

the  said  United  States  concerning  the  matters  in  the  said  in- 
formation alleged,  etc.  L H.  B , 

By  E I.  C ,  his  attorney. 


Recognizance,  before  a  Clerk,  to  appear  to  answer  to  an  in- 

dictment. 

No.  13. 

"We,  W T.  R ,  of ,  as  principal,  and  H-    -  W. 

II ,  of ,  as  surety,  jointly  and  severally  acknowledge 

ourselves  to  be  indebted  unto  the  United  States  of  America, 

in  the  sum  of dollars,  lawful  money  of  the  said  United 

States,  to  be  levied  of  our  goods  and  chattels,  lands  and  tene- 
ments, upon  this  condition: 

That  if  the  said  W T.  R ,  from  day  to  day  during 

the  present  term,  shall  personally  be  and  appear  before  the 

Court  of  the  said  United  States  for  the  District  of , 

at  the  Court-House  of  the  said  United  States,  in  the  city  of 
,  in  the  said  district,  and  from  day  to  day  thereafter  dur- 
ing this  and  subsequent  terms,  then  and  there  to  answer  to 
such  matters  and  things  as  shall  be  objected  against  him  on 
behalf  of  the  said  United  States,  in  a  certain  indictment  now 
pending  in  the  said  court  against  him  for  violation  of  the 

laws  of  the  said  United  States,  and  shall  abide  the  order 

and  judgment  of  the  said  court  in  that  behalf,  and  not  depart 
the  said  court  without  leave  thereof ,  then  this  recognizance  to 
be  void ;  otherwise  to  remain  in  full  force  and  virtue. 

.  [Seal] 

.  [Seal] 

Subscribed  and  acknowledged  this day  of ,  189-, 

before  me,  , 

Clerk. 

Warrant  of  United-States  District  Judge  to  apprehend  one 
standing  indicted  in  another  district;  Marshal's  return 
thereon;  and  order  of  judge  for  removal  of  prisoner  to 
the  other  district  for  trial. 

No.  14. 

District  of ,  set. —  The  Marshal  of  this  district  is  com- 
manded, in  the  name  and  by  the  authority  of  the  United 


GENERAL   FORMS    OF    INDICTMENTS,  ETC.  11 

States  of  America,  to  apprehend  the  within-named l  -  — , 

if  found  in  this  district,  and  to  bring  him  forthwith  before  me, 

at  my  chambers  in ,  in  order  that  he  may  be  dealt  with 

according  to  law. 

Chicago, ,  189-.  , 

District  Judge. 

No.  15. 

I  have  apprehended  the  above-named ,  and  have 

him  now  before  the  District  Judge  of  the  United  States  for 
my  district,  at  his  chambers  in  ,  as  I  am  above  com- 
manded, this day  of ,  189 — . 


U.  S.  Marshal,  Dist.  of . 

No.  16. 

District  of ,  set. —  The  within-named having 

been  brought  before  me,  and  identified ;  and  it  appearing,  by 
a  duly  authenticated  copy  of  an  indictment,  that  he  stands  in- 
dicted in  the Court  of  United  States  for  the Dis- 
trict of  ,  for  violation  of  Section  of  the  Eevised. 

Statutes  of  the  said  United  States ;  and  the  said = 

having  been  by  me  required  to  give  bail  in  the  sum  of  — 
dollars,  for  his  appearance  to  answer  to  the  said  indictment, 
and  having  failed  to  give  such  bail:  Now  the  Marshal  of  this 

District  of is  hereby  commanded,  in  the  name  and  by  the 

authority  of  the  said  United  States,  forthwith  to  remove  the 

said to  the  said District  of ,  and  there  to 

deliver  him  to  the  Marshal  of  that  district,  in  order  that  the 
said may  be  further  dealt  with  according  to  law. 

Chicago, ,  189-.  , 

District  Judge. 

1  Referring  to  the  authenticated  copy  of  the  indictment  attached,  and 
mentioned  in  the  order  of  removal  following. 


12  FORMS  ADAPTED  TO  CRIMINAL  CASES. 

Warrant,  issued  by  a  United-States  District  Judge,  for  the 
removal  of  a  prisoner  or  prisoners  committed  by  a 
United-States  Commissioner  in  default  of  bail  for  his 
or  their  appearance  in  another  district  for  trial ;  and 
Clerk's  certificate  to  genuineness  of  the  judge's  signa- 
ture, and  that  he  is  duly  commissioned  and  qualified. 

No.  IT. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  to  the 
Marshal  of  the  said  United  States  for  the  District  of  -  — , 
Greeting: 

Whereas ha —  been  apprehended,  and  brought  for 

examination  before ,  a  Commissioner  of  the  Circuit 

Court  of  the  United  States  of  America  for  the  District  of 

,  by  virtue  of  a  warrant  of  the  said  Commissioner,  issued 

upon  complaint  in  writing,  on  oath,  charging  the  said  — 

with  having,  on  the day  of ,  A.  D.  189-,  within  the 

District  of ,  [state  briefly  the  nature  of  the  offense;]  l 

And  whereas  upon  such  examination,  there  appearing  to  be 

probable  cause  to  believe  the  said guilty  of  the  said 

offense,  the  said  Commissioner  has  ordered  the  said 

to  enter  into  recognizance,  with  sufficient  surety,  in  the  sum 

of  dollars,  for  — h —  appearance  for  trial  on  the  said 

charge,  at  the  -    -  term  of  the Court  of  the  said  United 

States  for  the  said District 2  of ,  or  in  default  thereof 

that  — h —  be  committed  to  the  jail  of  the  county  of ,  in 

the  said  District  of :  And  whereas  the  said 

ha —  not  offered  such  recognizance  and  ha —  accordingly  been 
committed  as  aforesaid : 

Now,  therefore,  you  are  hereby  commanded,  that  with  all 
convenient  speed  you  take  the  said  —  -  and  remove  and 

convey  — h —  to  the  said District  of ,  and  — h —  safely 

deliver  to  the  Marshal  of  the  said  United  States  for  that  dis- 

1  Judge  Blodgett  once  refused  to  sign  an  order  for  the  removal  of  a  pris- 
oner until  the  offense  should  be  more  fully  described  therein,  and  cited  the 
27th  verse  of  the  25th  chapter  of  Acts,  wherein  Paul  says,  "  For  it  seemeth 
to  me  unreasonable  to  send  a  prisoner,  and  not  withal  to  signify  the  crimes 
laid  against  him." 

'See  Sec.  1014,  R  & 


GENERAL   FORMS   OF   INDICTMENTS,  ETC.  13 

trict,  there  to  be  dealt  with  according  to  law  for  the  said 
offense;  and  for  so  doing  this  shall  be  your  sufficient  warrant. 

Given  under  my  hand  and  seal,  at ,  in  the  said  District 

of ,  this  day  of ,  A.  D.  189-,  and  in  the 

year  of  the  independence  of  the  said  United  States. 

,      (Seal.) 


District  Judge,  District  of . 

No.  18. 

District  of ,  set. —  I, ,  Clerk  of  the  District 

Court  of  the  United  States  of  America  for  the  District  of , 

do  hereby  certify,  that  I  am  well  acquainted  with  the  handwrit- 
ing of ,  whose  name  is  subscribed  to  the  foregoing 

warrant ;  and  that  the  signature  thereto,  purporting  to  be  his,  is 
his  genuine  signature ;  that  he  was  at  the  time  of  signing  the 
said  warrant,  and  is  now,  District  Judge  of  the  said  United 

States  for  the  said  District  of ,  duly  commissioned  and 

qualified ; l  and  that,  as  such,  full  faith  and  credit  are  due  to  all 
his  official  acts. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  the 

seal  of  the  said  court,  at ,  in  the  said  district, 

this day  of ,  A.  D.  189-,  and  in  the 

year  of  the  independence  of  the  said  United  States. 


5 
Clerk. 


Warrant  issued  by  a  United-States  District  Judge,  for  the 
removal  of  prisoner  or  prisoners  to  another  district 
for  trial;  the  Marshal's  receipt  showing  delivery;  and 
his  return;  to  all  of  which  a  copy  of  a  United-States 
Commissioner's  commitment  is  to  be  annexed. 

No.  19. 

H W.  B ,  Judge  of  the  District  Court  of  the 

(L.  S.)       United  States  of  America  for  the  District  of , 

to  the  Marshal  of  the  same  district,  Greeting: 

Whereas ha —  been  committed  to  jail  under  and  by 

virtue  of  a  commitment  made  by  a  United-States  Commis- 

i  See  Sec.  906,  R  S. 


14  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

sioner  for  this  district,  a  copy  of  which  commitment  is  hereto 
annexed;1  and  the  United-States  Attorney  for  this  district 
has  made  application  to  me  for  a  warrant  for  the  removal  of 
the  said  prisoner — ,  under  the  provisions  of  Section  1014  of  the 
Revised  Statutes,  to  the District  of  -  — ,  in  which  dis- 
trict the  offense  for  which ha —  been  so  committed  is  to 

be  tried ;  and  the  said  prisoner —  ha —  been  brought  before  me, 
and  duo  examination  of  the  matter  has  been  made :  Therefore 
you  are  hereby  commanded,  in  the  name  and  by  the  authority 
of  the  said  United  States,  that  you  forthwith  remove  the  said 

prisoner  — ,  now  in  your  custody,  to  the  said  District 

of ,  and  there  deliver to  the  Marshal  of  that  district, 

in  order  that  the  said  prisoner —  may  be  dealt  with  according 
to  law. 
Given  under  my  hand,  and  the  seal 2  of  the  said  District 

Court,  at ,  in  the  said  District  of ,  this day  of 

,  A.  D.  189-,  and  of  the  independence  of  the  said  United 

States  the year.  , 

Attest :  District  Judge.3 


Clerk. 

No.  20. 

Received 4  the  prisoner ,  named  in  this  warrant, 

from  -         — ,  Marshal  of  the  District  of ,  at ,  in  the 

District  of ,  this day  of ,  A.  D.  189-. 


U.  S.  Marshal,  District  of . 

By , 

Deputy. 


1  The  copy  of  the  commitment  will  state  the  nature  of  the  offense  com- 
mitted.   See  No.  44  for  form  of  a  commitment 

2  Seal  to  be  put  at  the  top.  as  indicated  by  the  initials  "  L.  S." 
» See  Sees.  911  and  912,  R  & 

4  Although  Sec.  1029,  R  S.,  says,  "  Only  one  writ  or  warrant  is  necessary 
to  remove  a  prisoner  from  one  district  to  another.  One  copy  thereof  may 
be  delivered  to  the  sheriff  or  jailer  from  whose  custody  the  prisoner  is 
taken,  and  another  to  the  sheriff  or  jailer  to  whose  custody  he  is  committed, 
and  the  original  writ,  with  the  marshal's  return  thereon,  shall  be  returned 
to  the  Clerk  of  the  district  to  which  he  is  removed,"  it  is  advisable  for  the 
Marshal  to  have  the  judge  execute  two  copies  of  the  original  writ,  one  of 


GENEBAL   FOKMS   OF   INDICTMENTS,  ETC.  15 

No  21. 

By  virtue  of  this  warrant,  I  removed  the  prisoner  

— ,  therein  named,  to ,  in  the District  of ,  and 


there  delivered to  the  Marshal  of  that  district,  the 

day  of ,  A.  D.  189-.  , 


U.  S.  Marshal,  District  of 

By 


Marshal's  fees : .  Deputy. 

Order  of  court  for  bench-warrants,  to  issue  at  the  request 
of  the  United-States  District  Attorney. 

No.  22. 

On  this  day  comes  the  District  Attorney,  and  files  criminal 
informations  in  the  several  causes  above  entitled :  And  reason- 
able and  probable  grounds  appearing,  supported  by  oath  in 
writing,  in  the  said  several  causes,  it  is  ordered  by  the  court 
that  bench-warrants  issue,  upon  request  of  the  District  Attor- 
ney, for  the  apprehending  of  the  said  defendants  respectively ; 
and  further,  that  bail  be  fixed  at  the  sums  respectively  en- 
dorsed upon  the  said  informations. 


Pracipe  for  a  bench-warrant,  for  apprehending  one  in- 
dicted. 

No.  23. 

UNITED  STATES  DISTRICT  COURT,  DISTRICT  OF . 

The  United  States  of  America  j      ^Q  

vs*  (      Indictment. 

G R  S . 

Let  a  bench-warrant  or  capias  issue,  as  above,  returnable 
forthwith,  for  apprehending  the  above-named  G R.  S , 

which  he  may  return  to  the  Clerk  of  his  own  district,  with  the  receipt  of 
the  Marshal  of  the  other  district,  for  the  prisoner,  filled  out  This  docu- 
ment, in  the  files  of  the  Clerk's  office  of  the  district  from  which  the  pris- 
oner is  removed,  should  be  satisfactory  evidence  to  the  examiner  of  the 
Department  of  Justice  that  the  service  charged  for  by  the  Marshal  of  that 
district  has  been  in  fact  performed. 


16  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

and  bringing  him  into  court,  there  to  do  and  submit  to  what 

the  court  shall  order  herein.  , 

United-States  Attorney. 

To ,  Esq., 

Clerk. 


Justification  of  bail  of  one  indicted  in  a  United-States 

court. 

No.  24. 

In  the  Court  of  the 

United  States  of  Amer- 
The  United  States  of  America  ica  fop  the  District  of 


vs. 
G R 


No. 


Indictment. 

C A.  W ,  proposing  to  become  bail  and  surety  for 

the  defendant,  G K.  S ,  in  this  behalf,  makes  oath 

and  says  as  follows,  to  wit: 

My  name  is  C A.  W . 

I  reside  at . 

My  occupation  is  [that  of  a .] 

I  own  in  fee-simple,  and  in  my  own  name  and  right,  the 

following  real  estate,  situate  in  the  District  of  :  [The 

house  and  lot  being  the  premises  No.  271  East Street,  in 

aforesaid,  which  premises  are  worth  at  least dollars; 

also  the  house  and  lot  being  the  premises  No.  3022 Ave- 
nue, in aforesaid,  which  premises  are  worth dollars.] 

And  the  deed[s]  conveying  the  same  to  me  ha[ve]  been  duly 
recorded. 

The  said  real  estate  is  free  and  clear  of  all  liens  and  incum- 
brances  whatsoever,  [except .] 

I  also  own  personal  property,  in  my  own  name  and  right, 

within  the  said  district,  to  the  value  of  at  least dollars, 

which  personal  property  is  free  and  clear  of  all  liens  and  in- 
cumbrances  whatsoever,  [except .] 

There  is  no  judgment  in  force  against  me  or  my  property 
in  any  court  of  record  within  the  said  district,  [except .] 


GENERAL    FORMS   OF   INDICTMENTS,  ETC.  IT 

I  am  not  indebted  or  liable  in  any  manner  to  exceed 

dollars.     I  am  worth  at  least dollars,  over  and  above  all 

my  liabilities.  C A.  "W . 

Subscribed  and  sworn   be- 
fore me  by  the  above-named 

C A.  W ,  at  ,  in 

the  District  of ,  this  25th 

day  of ,  A.  D.  189-. 

E A.  D , 

U.  S.  Commissioner. 


Bail-bond  on  error  from  a  United-States  Circuit  Court  of 
Appeals  to  a  District  or  Circuit  Court,  in  a  case  where 
a  supersedeas  has  been  granted. 

No.  25. 

Know  all  men  by  these  presents,  that  we,  A B ,  as 

principal,  and  C D and  E F ,  as  sureties,  are 

held  and  firmly  bound  unto  the  United  States  of  America  in 
the  sum  of  five  thousand  dollars ;  for  the  payment  of  which, 
well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  exec- 
utor and  adminstrators,  jointly  and  severally,  firmly  by  these 

presents,  sealed  with  our  seals,  and  dated  this  day  of 

,  in  the  year  one  thousand  eight  hundred  and  ninety . 

The  condition  of  this  obligation  is  such,  that  whereas  on 

the day  of ,  by  the  consideration  of  the  [District, — 

or,  Circuit]  Court  of  the  said  United  States  for  the  District 
of ,  in  a  certain  criminal  cause,  to  wit,  a  certain  indict- 
ment [ — or,  information]  against  the  above-named  A 

B ,  for  {here  state  the  nature  of  the  offense'],  (being  criminal 

cause  No. in  that  court,)  the  said  A B was  ad- 
judged and  sentenced  to ;  and  whereas,  upon  the  petition 

of  the  said  A B ,  G H ,  [District  Judge  of 

the  said  United  States  for  the  District  of ,  at ,  within 

his  district, —  or,  a  Circuit  Judge  of  the  said  United  States  for 
the Circuit,  at ,  within  his  circuit,]  l  has  allowed  a  writ 


1  See  Supreme-Court  Rule  36 :  139  U  S.  706. 


18  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

of  error  from  the  Circuit  Court  of  Appeals  of  the  said  United 
States  for  the  said  circuit  to  the  said  [District, —  or,  Circuit] 
Court,  upon  the  judgment  and  sentence  aforesaid,  and  has  or- 
dered that  such  writ  of  error  operate  as  a  sta}r  of  proceedings 
under  the  said  judgment  and  sentence,  and  that  the  said  A— 
B be  admitted  to  bail  in  that  behalf  in  the  sum  of  Jive  thou- 
sand dollars  above  mentioned ;  and  whereas  such  writ  of  error 
has  issued  accordingly,  and  the  citation  in  that  behalf  has  been 

issued :  Now  if  the  said  A B shall  personally  be  and 

appear  before  the  said  [District, —  or,  Circuit]  Court,  on  the 
first  day  of  the  next  regular  term  thereof,  (to  be  held  at  the 

United-States  Court-House  in  ,  in  the  said  district,  on 

the Monday  of next,)  and  from  day  to  day  thereafter 

during  that  and  subsequent  terms,  until  the  determination  of 
the  said  writ  of  error,  and  shall  not,  at  any  of  the  terms  of 
the  said  [District, —  or,  Circuit]  Court,  depart  that  court  with- 
out leave  thereof,  and  shall,  in  case  the  judgment  and  sen- 
tence aforesaid  is  affirmed,  surrender  himself  to  the  custody 
of  the  [Marshal  of  the  said  United  States  for  the  district 
aforesaid, —  or,  Keeper  of  the  common  jail  of  the  county  of 

,  in  the  said  district, —  or,  Warden  of  the  penitentiary  of 

the  state  of at ,  or  other  officer  from  whose  custody  he 

is  bailed,']  then  this  obligation  shall  be  void,  and  otherwise 

shall  remain  in  full  force.  .     (Seal.) 

.    (Seal.) 

.    (Seal.) 


Bond  for  costs  on  error  from  a  United-States  Circuit  Court 
of  Appeals  to  a  District  or  Circuit  Court,  in  a  crim- 
inal case. 

No.  26. 

Know  all  men  by  these  presents,  that  we,  A B ,  as 

principal,  and  C D and  E F ,  as  sureties,  are 

held  and  firmly  bound  unto  the  United  States  of  America  in 
the  sum  of  two  hundred  and  fifty  dollars ;  for  the  payment  of 
which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents,  sealed,  with  our  seals,  and  dated  this 


GENEBAL   FORMS   OF   INDICTMENTS,  ETC.  19 

day  of ,  in  the  year  one  thousand  eight  hundred  and 


ninety . 

The  condition  of  this  obligation  is  such,  that  whereas  on 

the day  of ,  by  the  consideration  of  the  [District, — 

or,  Circuit]  Court  of  the  said  United  States  for  the  District 
of  ,  in  a  certain  criminal  cause,  to  wit,  a  certain  indict- 
ment [ —  or,  information]  against  the  above-named  A 

B ,  for ,  (being  criminal  cause  No. in  that  court,) 

the  said  A B was  adjudged  and  sentenced  to ; 

and  whereas  upon  the  petition  of  the  said  A B ,  G 

H ,  [District  Judge  of  the  said  United  States  for  the  Dis- 
trict of ,  at ,  within  his  district, —  or,  a  Circuit  Judge 

of  the  said  United  States  for  the Circuit,  at ,  within 

his  circuit,] l  has  allowed  a  writ  of  error  from  the  Circuit 
Count  of  Appeals  of  the  said  United  States  for  the  said  circuit 
to  the  said  [District, —  or,  Circuit]  Court,  upon  the  judgment 
and  sentence  aforesaid,  and  such  writ  of  error  is  about  to 
issue  accordingly :  Now  if  the  said  A B shall  pros- 
ecute the  said  writ  to  effect,  and  shall  abide  the  judgment  of 
the  said  Circuit  Court  of  Appeals  in  that  behalf,  and  shall 
answer  all  costs  in  case  he  shall  fail  to  make  good  his  plea, 
then  this  obligation  shall  be  void,  and  otherwise  shall  remain 

in  full  force.  .    (Seal.) 

.    (Seal.) 

.     (Seal.) 

i  See  No.  25,  note. 


GENERAL  FORMS  OF  COMPLAINTS,  ETC. 


General  form  of  complaint  before  United-States  Commis- 
sioner. 

No.  27. 

District  of ,  set. —  On  this day  of ,  A.  D.  189-, 

at  the  city  of ,  in  the  District  of ,  before  -  — ,  a 

Commissioner  of  the  Circuit  Court  of  the  United  States  of 

America  for  the  said  district,  comes ,  of ,  and  upon 

his  oath  complains  and  says,  that  [he  has  just  and  reasonable 

grounds  to  believe,  and  does  verily  believe,  that]  A B — 

junior,  late  of ,  on  or  about  the day  of ,  A.  D. 

189-,  at  aforesaid,  in  the  said  district,  unlawfully  did1 

• • • 

contrary  to  the  form  of  the  statute  in  such  case  made  and 
provided,  viz.,  Section . 

Wherefore  this  complainant  prays  that  the  said  A B— 

junior  may  be  apprehended,  and  further  dealt  with  accord- 
ing to  law.  . 

Subscribed  and  sworn  before 
me  by  the  above-named 


-,  the   day   and  year  first 


above  written. 


Commissioner. 


General  form  of  complaint,  in  several  counts,  before  a 
United-States  Commissioner. 

No.  28. 

District  of ,  set.—  On  this day  of ,  A.  D.  1 89-,  at 

the  city  of ,  in  the  District  of ,  before ,  a  Com- 

1  The  offense  may  be  here  charged  in  the  same  manner  as  it  is  in  an  in- 
diclment,  but  usually  with  less  particularity.  The  proper  form  may  be 
found  by  referring  to  the  index. 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  21 

missioner  of  the  Circuit  Court  of  the  United  States  of  America 

for  the  said  district,  comes  "W Q — — ,  of  the  city  aforesaid, 

and  upon  his  oath  complains  and  says,  that  J K.  F , 

late  of  the  same  city,  on  or  about  the day  of ,  A.  D. 

189-,  at aforesaid,  in  the  said  District  of ,  and  within 

the  jurisdiction  of  the  said  United  States, 

;  contrary  to  the 

form  of  the  statute  in  such  case  made  and  provided,  viz.,  Sec- 
tion   of  the  Revised  Statutes  of  the  said  United  States. 

And  this  complainant  further  upon  his  oath  complains  and 

says,  that  the  said  J K.  F ,  on  or  about  the  day  and 

year  last  aforesaid,  at  the  said  city  of ,  within  the  district 

and  jurisdiction  aforesaid, ; 

contrary  to  the  form  of  the  statute  in  such  case  made  and 
provided,  viz.,  Section of  the  Revised  Statutes  aforesaid. 

Wherefore  this  complainant  prays  that  the  said  J K. 

F may  be  apprehended  and  further  dealt  with  according 

to  law.  . 

Subscribed  and  sworn  before 

me  by  the  above-named  W 

Q ,  the  day  and  year  first 

above  written. 


Commissioner. 


General  form  of  complaint,  before  United-States  Commis- 
sioner, against  one  indicted  in  another  district  for  an 
oifense  against  the  United  States. 

No.  29. 


n,        j  set. — 


Northern  District  of 

Northern  Division,        f  set. —  On  this  day  of 

A.  D.  189-,  at  the  city  of ,  in  the  said  division  and  district 

,  before ,  a  Commissioner  of  the  Circuit  Court 

of  the  United  States  of  America  for  the  said  district,  comes 

,  of  [the  said  city,'}  and  upon  h —  oath  complains 

and  says,  that  — h —  has  good  cause  to  believe,  and  does  verily 
believe,  that ,  otherwise  called ,  late  of  the 


22 


FORMS   ADAPTED   TO   CRIMINAL   CASES. 


city  of ,  in  or  about  the  month  of  -  — ,  A.  D.  189-,  in 

the District  of ,  [charge  the  offense'] ;  for  which  offense 

otherwise  called ,  stands  indicted 


the  said 
in  the  — 


•     l/v/t'v'/    *AJ  fOv    l/WH/vvC'  • 

Court  of  the  said  United  States  for  the  said 


District  of 


under  Section 


of  the  Kevised  Statutes 


of  the  said  United  States. 

Wherefore  this  complainant  prays  that  the  said , 

otherwise  called •,  may  be  apprehended,  and  further 

dealt  with  according  to  law.  . 

Subscribed  and  sworn    be- 
fore me  by  the  above-named 

,  the  day  and  year 

first  above  written. 


Commissioner. 


General  form  of  complaint,  before  United-States  Commis- 
sioner, for  carrying  on  business  without  paying  the 
internal-revenue  special  tax. 


District  of 


No.  30. 
set.— A J.  P- 


of 


makes  oath 


and  says:  That  [he  has  just  and  reasonable  grounds  to  be- 
lieve, and  does  verily  believe,  that] ,  on  or  about 

the  -      -  day  of  -  — ,  A.  D.  189-,  at ,  in  the  District  of 

— ,  unlawfully  did  carry 1  on  the  business  of  a  -   — ,  [and 

the  business  of  a ,]  without  having  paid  the  special  tax[es] 

therefor  [respectively]  as  required  by  law;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided. 

S \vorn  and  subscribed  be- 
fore me  by  the  above-named 
A J.  P this day 


of 


A.  D.  189-. 


Commissioner  of  the  Circuit  Court  of  the 
United  States  of  America  for  the  District 
of . 


1  For  manner  of  charging  other  offenses  against  the  internal-revenue 
laws,  see  Nos.  488-6ia 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  23 

General  form  of  complaint  before  United-States  Commis- 
sioner. 

No.  31. 

District  of ,  set. —  J A.  S ,  of  the  city  of , 

in  the  District  of  ,  makes  oath  and  says,  that  J 

D ,  of  the  same  city  and  district,  on  the day  of 


in  the  year  189-,  in  the  city  and  district  aforesaid,  unlawfully 
did 

Sworn  and  subscribed  before  me  by  the  above-named  J 

A.  S ,  this day  of ,  A.  D.  189-. 


5 

Commissioner  of  the  Circuit  Court  of  the  United  States 
for  the  District  of . 


General    form    of  complaint, 'in  several   counts,  before 
United-States  Commissioner. 

No.  .32. 

District  of ,  set. —  A.  St.  John  C ,  of  the  city  of , 

in  the  District  of ,  [Deputy  Collector  of  Internal  Ke venue,] 

makes  oath  and  says,  that  he  has  good  cause  to  believe,  and 
does  verily  believe,  as  follows,  that  is  to  say : 

That  W L ,  late  of  the  same  city  and  district,  on  or 

about  the day  of ,  in  the  year  189-,  in  the  city  and 

district  aforesaid,  and  within  the  First  Internal-Revenue  Col- 
lection-District of  ,  unlawfully  did  


And  that  the  said  W L ,  on  or  about  the  day  afore- 
said, in  the  city  and  district  aforesaid,  unlawfully  did 

Contrary  to  the  form  of  the  statute  of  the  said  United  States 
in  such  case  made  and  provided.  . 

Sworn  and  subscribed  before  me  by  the  above-named  A.  St. 
John  C ,  this day  of ,  A.  D.  189-. 


Commissioner  of  the  Circuit  Court  of  the  United  States 
for  the  District  of . 


24:  FORMS   ADAPTED   TO   CRIMINAL   OASES. 

Form  of  complaint,  before  a  United-States  Commissioner, 
on  Sec.  5457,  R.  S.,  for  passing  counterfeit  money, 
against  persons  whose  names  are  unknown,  but  who 
are  described  in  a  separate  paper. 

No.  33. 

District  of ,  set. —  On  this  15th  day  of  April,  A.  D.  1894, 

at  the  city  of ,  in  the  District  of ,  before  F—    -  B , 

a  Commissioner  of  the  Circuit  Court  of  the  United  States  of 

America  for  the  said  district,  comes  "W A.  M ,  of 

aforesaid,  and  upon  his  oath  complains  and  says,  that  he  has 
good  cause  to  believe,  and  does  verily  believe,  that  two  per- 
sons, whose  names  are  to  this  affiant  unknown,  but  who  are 
described  in  the  paper  hereto  attached,  on  or  about  the  12th 
day  of  April,  A.  D.  1894,  at  aforesaid,  in  the  said  Dis- 
trict of  -  — ,  unlawfully  did  utter  and  pass,1  with  intent  to  de- 
fraud one  J P.  II ,  a  false  and  counterfeit  coin  in 

similitude  of  the  silver  coin,  called  a  dollar,  heretofore  coined 
at  the  mints  of  the  said  United  States;  they  the  said  persons 
unknown,  at  the  time  when  they  so  uttered  and  passed  the 
said  false  and  counterfeit  coin,  well  knowing  the  same  to  be 
false  and  counterfeit ;  and  that  the  same  persons  whose  names 
are  unknown  as  aforesaid,  on  or  about  the  13th  day  of  April, 
A.  D.  1894,  in  the  city  and  district  aforesaid,  with  intent  to 

defraud  the  said  J P.  H ,  unlawfully  did  utter  and 

pass  another  false  and  counterfeit  coin  in  similitude  of  the 
silver  coin,  called  a  dollar,  heretofore  coined  at  the  mints  of 
the  said  United  States ;  they  the  said  persons  unknown,  at  the 
time  when  they  so  uttered  and  passed  the  last  mentioned 
false  and  counterfeit  coin,  well  knowing  the  same  to  be  false 
and  counterfeit ;  contrary  to  the  form  of  the  statute  in  sucli 
case  made  and  provided,  viz.,  Section  5457  of  the  Eevised 
Statutes  of  the  said  United  States. 

Wherefore  this  complainant  prays  that  the  said  persons  un- 
known may  be  apprehended,  and  further  dealt  with  according 
to  law.  W-  -  A.  M . 

Subscribed  and  sworn  before  me  by  the  above-mentioned 

W A.  M ,  the  day  and  year  first  above  written. 

F—    -  B ,  Commissioner. 

1  For  manner  of  •  hnrtfinj*  other  onVn  -es  of  this  nature,  see  Nos. 


GENERAL  FOBMS  OF  COMPLAINTS,  ETC.  25 

Paper  describing  the  persons  unknown,  mentioned  in  the 
foregoing  complaint. 

No.  34. 

1.  American ;  about  25  years  old ;  about  5  feet  and  10  inches 
high;  weight  about  160  pounds;  medium  build;  shaven  face. 
Wore  black  round-top  hat,  and  dark-colored  sack  coat. 

No.  35. 

2.  American;  age  about  20  to  23  years;  5  feet  6  inches 
high;  stoutish  build;  sallow  complexion ;  black  hair;  no  beard, 
nor  moustache.      Genteel  in  appearance.     Wore  dark  sack 
coat  and  silk  hat. 


Form  of  complaint  before  a  United-States  Commissioner, 
showing  the  use  of  general  terms  in  charging  offenses 
and  the  manner  of  charging  several  offenses  in  -one 
count. 

»  No.  36. 


)  set.— 


Northern  District  of  — 

Northern  Division*       )  set. —  On  this  day  of 

A.  D.  189-,  at  the  city  of ,  in  the  Northern  Division  of 

the  Northern  District  of  ,  before ,  a  Commis- 
sioner of  the  Circuit  Court  of  the  United  States  of  America 

for  the  said  district,  comes  W W.  H ,  of  the  said  city 

of  -  — ,  and  upon  his  oath  complains  and  says,  that  he  has 

good  cause  to  believe,  and  does  verily  believe,  that  E 

D ,  late  of  the  said  division  and  district,  within  three 

months  last  past,  in  the  town  of  ,  and  the  division  and 

district  aforesaid,  did  falsely  make  and  forge  divers  coins  (the 
precise  number  whereof  is  to  this  affiant  unknown)  in  resem- 
blance and  similitude  of  the  copper-nickel  coin,  called  a  five-cent 
piece,  heretofore  coined  at  the  mints  of  the  said  United  States; 
and  did  knownngly  have  in  his  possession  divers  like  false  and 
forged  coins,  (the  precise  number  whereof  is  to  this  affiant 

'  See  No.  6,  note  2. 


26  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

unknown,)  with  intent  to  defraud  divers  persons  to  this  affiant 
unknown;  and  did  knowingly  utter  and  pass  three  like  false 

and  forged  coins,  with  intent  to  defraud  one  C R ; 

contrary  to  the  form  of  the  statute  in  such  case  made  and 
provided,  viz.,  Section  5458  of  the  Revised  Statutes  of  the 
said  United  States. 

"Wherefore  this  complainant  prays  that  the  said  E— 

D may  be  apprehended,  and  further  dealt  with  according 

to  law.  W W.  H . 

Subscribed  and   sworn  be- 
fore me  by  the  above-named 

W W.  H ,  the  day  and 

year  first  above  written. 


i 

Commissioner. 


General  form  of  complaint  sworn  to  before  a  clerk  of  a  state 
court;  and  upon  which  a  United-States  Commissioner 
may  issue  a  warrant.1 

No.  37. 

Northern  District  of ,  ) 

County  of ,  )   set. —  W B ,  of  -   — ,  in 

the  Northern  District  of ,  makes  oath  and  says,  that  .... 

W B- 


Sworn  and  subscribed  before  me  by  the  above-named  W— 

_,  this day  of ,  A.  D.  189-. 

Witness  my  hand  and  official  seal. 

G S.  A , 

(L.  S.)  Clerk  of County  Circuit  Court. 


United-States  Commissioner's  warrant  to  apprehend. 

No.  38. 

THE  PRESIDENT  OF  THE  UNITED   STATES  OF  AMERICA,  to  the 

Marshal  of  the  Northern  District  of ,  Greeting: 

Whereas  complaint  in  writing,  on  oath,  has  been  made  to  the 
undersigned ,  a  Commissioner  of  the  Circuit  Court  of 

1  See  Ex  parte  Bollman,  4  Cranch,  75. 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  27 

the  said  United  States  for  the  district  aforesaid,  charging  that 

'-,  on  or  about  the day  of ,  A.  D.  189-,  at , 

within  the District  of ,  did  violate  the  laws  of  the 

said  United  States,  to  wit,  Section :    Kow,  therefore,  you 

are  hereby  commanded,  that  you  take  the  said (if 

— he —  be  found  within  your  said  district,)  and  — h —  safely 
keep,  so  that  you  have bod —  forthwith  before  the  under- 
signed, Commissioner  as  aforesaid,  at  his  office  in ,  in  the 

said  district,  (or  in  case  of  his  absence,  or  inability  to  act,  be- 
fore any  other  judicial  officer  having  jurisdiction,)  in  order 

that  the  said may  be  dealt  with  according  to  law. 

And  have  you  then  and  there  this  writ,  with  a  return  of  your 
doings  hereon. 

Witness  the  hand  and  seal  of  the  said  Commissioner,  at 

aforesaid,  this day  of ,  A.  D.  189-,  and  of  the  inde- 
pendence of  the  said  United  States  the year. 

(L.S.)  , 

U.  S.  Commissioner. 


United-States  Commissioner's  subpceua. 
No.  39. 

THE  PRESIDENT  OF  THE  UNITED  STATES   OF   AMERICA,  to  the 

Marshal  of  the  Northern  District  of ,  Greeting : 

We  command  you,  that  you  summon if be 

found  in  your  district,  to  be  and  appear  before  the  under- 
signed   ,  a  Commissioner  of  the  Circuit  Court  of  the 

said  United  States  for  the  Northern  District  of ,  at  his  office 

in  the  city  of ,  in  the  district  aforesaid, to  testify 

for  the in  the  matter  of against . 

And  this shall  in  no  wise  omit. 

Witness  the  hand  and  seal  of  the  said  Commissioner, 

at aforesaid,  this day  of ,  in  the  year 

(L.  S.)     of  our  Lord  eighteen  hundred  and ,  and  of  the 

independence  of  the  said  United  States  the  — 
year.  , 


U.  S.  Commissioner. 


28  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Recognizance  of  defendant  on  continuance  of  case  before 
United-States  Commissioner. 

No.  40. 

BEFORE  PHILIP  A.  HOYNE,  UNITED-STATES  COMMISSIONER 

Chicago,  -  — ,  189-. 

NortJwm  District  of  Illinois,  set. —  We,  —          — ,  jointly 

and  severally  acknowledge  ourselves to  be  indebted  unto 

the  United  States  of  America,  in  the  sum  of dollars,  law- 
ful money  of  the  said  United  States,  to  be  levied  of  — 
goods  and  chattels,  lands  and  tenements,  upon  this  condition : 

That  if  the  said  -  -  shall  personally  be  and  appear  be- 

fore Philip  A.  Hoyne,  a  Commissioner  of  the  Circuit  Court  of 
the  said  United  States  for  the  Northern  District  of  Illinois,  at 
his  office  in  the  city  of  Chicago,  in  the  said  district,  on  the  - 

day  of ,  189-,  at o'clock  — .  M.,  and  from  day  to  day 

thereafter,  then  and  there  to  answer  to  such  matters  and 

things  as  shall  be  objected  against on  behalf  of  the  said 

United  States,  for  {state  the  nature  of  the  offense'},  and  shall 
abide  the  order  of  the  said  Commissioner  in  that  behalf,  and 
not  depart  from  before  him  without  his  leave,  then  this  re- 
cognizance to  be  void ;  otherwise  to  remain  in  full  force  and 
virtue. 


Signed,  sealed  and  acknowl- 


edged this day  of 

189-,  before  me, 


U.  S.  Commissioner. 


(Seal.) 
(Seal.) 
(Seal.) 
(Seal.) 


Tinted-States  Commissioner's  mittimusj  on  adjournment 
of  case  before  him. 

No.  41. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  to  the 

Marshal  of  the  Northern   District  of  ,  and  to  the 

Keeper  of  the  Common  Jail  of  the  County  of ,  Greet- 
ing: 
Whereas  -               -  ha —  been  apprehended,  and  brought 

before  the  undersigned  -  — ,  a  Commissioner  of  the  Cir- 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  29 

cuit  Court  of  the  said  United  States  for  the  district  afore- 
said, by  virtue  of  a  warrant  of  the  said  Commissioner,  issued 
upon  complaint  made  before  him,  in  writing,  on  oath,  charg- 
ing the  said [state  the  nature  of  the  charge'] :  And  whereas 

the  examination  of  the  said  charge  has  been  adjourned,  for 

good  cause  appearing,  until  the day  of ,  A.  D.  189-, 

at o'clock  — .  M. ;  and  the  said  Commissioner  has  ordered 

the  said to  enter  into  recognizance,  with  sufficient 

surety,  in  the  sum  of  dollars,  for  appearance  be- 
fore the  said  Commissioner  at  that  time,  for  such  examina- 
tion, or  in  default  thereof  to  be  committed  to  jail ;  and  the 

said  ha —  not  offered  such  recognizance:   Now, 

therefore,  you  the  said  Marshal  are  hereby  commanded,  that 

you  convey  the  said to  the  said  jail,  and  that  you 

have before  the  said  Commissioner,  at  his  office  in , 

in  the  said  district,  at  the  time  so  fixed  for  such  examination, 
and  thenceforth  from  day  to  day  until  conclusion  thereof; 
and  you  the  said  Keeper  of  the  said  jail  are  hereby  com- 
manded, that  you  receive  the  said  into  the  said 

jail,  and there  safely  keep,  in  accordance  with  the  com- 
mand hereof  to  the  said  Marshal. 

Witness  the  hand  and  seal  of  the  said  Commissioner,  at 

-  aforesaid,  this  day  of  ,  A.  D.  189-,  and  of  the 

independence  of  the  said  United  States  the year. 

(L.  S.) 

U.  S.  Commissioner. 


Recognizance  before  United-States  Commissioner,  on  hold- 
ing to  bail. 


BEFORE  PHILIP  A.  HOYNE,  A  COMMISSIONER  OF  THE  CIRCUIT 
COURT  OF  THE  UNITED  STATES  OF  AMERICA  FOR  THE 
NORTHERN  DISTRICT  OF  ILLINOIS. 

Chicago, ,  189-. 

Northern  District  of  Illinois,  \ 

Northern  Division-,  )  set. —  "We, ,  jointly 

and  severally  acknowledge  ourselves to  be  indebted  unto 

the  United  States  of  America,  in  the  sum  of dollars,  lawful 


«W  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

money  of  the  said  United  States,  to  be  levied  of  our  goods  and 
chattels,  lands  and  tenements,  upon  this  condition :  That  if  the 
said  -  -  shall  personally  be  and  appear  before  the  - 

Court  of  the  said  United  States  for  the District  of  • , 

on  the  first  day  of  the  next l  term  thereof,  to  be  holden  at  the 

Court-House  of  the  said  United  States,  in  the of  -  — , 

in  th —  district,  on  the Monday  of next,  it  being 

the  -    -  day  of ,  189-,  and  from  day  to  day  thereafter 

during  that  and  subsequent  terms,  then  and  there  to  answer  to 
such  matters  and  things  as  shall  be  objected  against  - 
on  behalf  of  the  said  United  States,  for  [state  the  nature  of  the 
charge],  and  shall  abide  the  order  and  judgment  of  the  said 
court  in  that  behalf,  and  not  depart  the  said  court  without 
leave  thereof,  then  this  recognizance  to  be  void ;  otherwise  to 
remain  in  full  force  and  virtue. 


Signed,  sealed  and  acknowl- 
edged this  day  of , 

189-,  before  me, 


U.  S.  Commissioner. 


(Seal.) 
(Seal.) 
(Seal.) 
(Seal.) 


Justification  of  bail  offered  before  a  United-States  Com- 
missioner. 

No.  43. 

District  of ,  set. —  On  this day  of ,  in  the  year 

189-,  at  the  city  of ,  in  the  District  of ,  before  — 

— ,  a  Commissioner  of  the  Circuit  Court  of  the  United 

States  of  America  for  the  said  district,  comes ,  and 

offers  himself  as  bail  for ,  who  ha —  been  in  due 

form  of  law  brought  before  the  said  Commissioner,  and  ex- 
amined by  and  before  him,  upon  a  charge  of ,  and  upon 

such  examination  ha —  been  by  the  said  Commissioner  re- 
quired to  give  bail  in  the  sum  of dollars:  And  thereupon 

the  said  -  -  makes  oath  and  says  as  follows,  to  wit : 

My  name  is  [etc.,  as  in  No.  24.] 

1  See  U.  8.  v.  Keiver,  56  F.  R  422,  a  case  holding  that  a  recognizance  was 
void  which  was  for  defendant's  appearance  at  a  term  not  fixed  by  law,  in- 
stead of  at  the  pending  or  next  regular  term. 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  31 

United-States  Commissioner's  commitment  for  trial,  for 
want  of  recognizance. 

No.  44. 

THE  PRESIDENT  OF  THE  UNITED  STATES   OF  AMERICA,  to  the 

Marshal  of  the  District  of ,  and  to  the  Keeper  of  the 

Common  Jail  of  the  County  of ,  Greeting: 

Whereas ha —  been  apprehended,  and  brought 

before  the  undersigned ,  a  Commissioner  of  the  Cir- 
cuit Court  of  the  said  United  States  for  the  district  aforesaid, 
for  examination,  by  virtue  of  a  warrant  of  the  said  Commis- 
sioner, upon  complaint  made  before  him,  in  writing,  on  oath, 

charging  the  said [state  the  nature  of  the  charge} :  And 

whereas  on  such  examination  there  appears  probable  cause  to 
believe  the  said guilty  of  the  said  offense,  and  the  un- 
dersigned, Commissioner  as  aforesaid,  has  ordered  the  said 

-  to  enter  into  recognizance,  with  sufficient  surety, 

in  the  sum  of  dollars,  for appearance  for  trial  on 

the  said  charge,  at  the term  of  the Court  of  the  said 

United  States  for  the  District  of ,  or  in  default  thereof 

to  be  committed  to  jail ;  and  whereas  the  said ha — 

not  offered  such  recognizance :   Now,  therefore,  you  the  said 
Marshal  are  hereby  commanded,  that  you  convey  the  said 

to  the  said  jail ;  and  you  the  said  Keeper  of  the 

said  jail  are  hereby  commanded,  that  you  receive  the  said 

-  into  the  said  jail,  and there  safely  keep  until 

—  be  discharged  therefrom  by  due  course  of  law. 

Witness  the  hand  and  seal  of  the  said  Commissioner, 

at ,  in  the  said  district,  this day  of , 

A.  D.  189-,  and  of  the  independence  of  the  said 

United  States  the year. 

(L.S.)  , 

U.  S.  Commissioner. 


32  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Affidavit,1  before  a  United-States  Commissioner,  for  search- 
warrant,  under  Sec.  3066,  R.  S.,  (1  Supp.  R.  S.  2d  Ed. 
337,)  to  search  for  merchandise  imported  contrary  to 

law. 

No.  45. 

District  of ,  set.—  On  this  -   -  day  of ,  A.  D.  189-, 

at  the  city  of  -  — ,  in  the  District  of ,  before  —  — ,  a 

Commissioner  of  the  Circuit  Court  of  the  United  States  of 

America  for  the  district  aforesaid,  comes ,  of ,  and 

upon  his  oath  says,  that  he  has  good  cause  to  suspect  and  be- 
lieve, and  does  verily  suspect  and  believe,  that  in  and  upon  cer- 
tain premises  within  the  said  district,  to  wit,  a  certain , 

there  has  been  and  now  is  concealed  certain  merchandise,  to 

wit, ,  the  same  being  dutiable  merchandise  which  has  been 

fraudulently  imported  and  brought  into  the  said  United  States 
contrary  to  law,  that  is  to  say,  [state  briefly  a  cause*  of  forfeit- 
ure'] :  Wherefore  this  affiant,  who  is  a  customs-officer  of  the  said 

United  States,  to  wit,  a ,  prays  a  warrant  to  enter  the 

said  premises,  and  there  to  search  for  the  said  merchandise, 
pursuant  to  the  statute  in  such  case  made  and  provided. 


Subscribed   and   sworn   be- 
fore me  by  the  above-named 

,  the  day  and  year 

above  written. 


U.  S.  Commissioner. 


United-States  Commissioner's  search-warrant,  issued  to  a 
customs-officer,  under  Sec.  3066,  R.  S.,  (1  Supp.  R.  S. 
2d  Ed.  337.) 

No.  46. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  to  *  - 

,  Greeting: 

Whereas  you  have  this  day  made  application  in  writing,  on 
oath,  before  the  undersigned,  a  Commissioner  of  the  Circuit 

1  See  Const  U.  S.,  Amendments,  Art  IV. 

2  See  forms  of  informations  on  seizures,  customs,  Nos.  640-651. 

*  Give  the  name  and  official  title  of  the  customs-officer  who  made  the  affi- 
davit (No.  45). 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  33 

Court  of  the  said  United  States  for  the  district  aforesaid,  set- 
ting forth  that  you  have  good  cause  to  suspect  and  believe, 
and  do  verily  suspect  and  believe,  that  in  and  upon  certain 

premises  within  the  said  district,  to  wit,  a  certain ,  there 

has  been  and  now  is  concealed  certain  merchandise,  to  wit, 

,  the  same  being  dutiable  merchandise  which  has  been 

fraudulently  imported  and  brought  into  the  said  United  States 
contrary  to  law,  that  is  to  say,  [here  state  briefly  the  manner  in 
which  the  merchandise  was  brought  in  contrary  to  law] ;  where- 
fore you  pray  a  warrant  to  enter  and  search  the  said  premises : 
Now,  therefore,  pursuant  to  Section  3066  of  the  Revised  Stat- 
utes, you  are  hereby  authorized  and  empowered,  to  enter  the 
premises  aforesaid,  (in  the  day-time  only,)  and  there  to  search 
for  the  said  merchandise ;  and  if  any  such  shall  be  found,  to 
seize  and  secure  the  same  for  trial.  And  hereof  make  due  re- 
turn, without  delay. 

Witness  the  hand  and  seal  of  the  said  Commissioner,  at , 

in  the  said  district,  this day  of ,  A.  D.  189-,  and  of 

the  independence  of  the  said  United  States  the year. 


(L.  S.)  U.  S.  Commissioner. 

Affidavit,  before  a  United-States  Commissioner,  for  a 
search-warrant,  under  Sec.  3462,  R.  S.,  to  search  prem- 
ises where  fraud  on  the  internal-revenue  is  being  com- 
mitted. 

No.  47. 

« 
District  of  ,  set. —  On  this  day  of  ,  A.  D. 

189-,  at  the  city  of ,  in  the  District  of ,  before 

,  a  Commissioner  of  the  Circuit  Court  of  the  United  States 

of  America  for  the  said  district,  comes ,  of ,  and 

upon  his  oath  says,  that  he  has  good  reason  to  believe,  and 
does  verily  believe,  that  upon  and  by  the  use  of  certain  prem- 
ises within  the  district  aforesaid,  to  wit, ,  a  fraud  upon 

the  internal  revenue  of  the  said  United  States  has  been  and  is 
being  committed,  that  is  to  say,  [hero  state  what  has  been  and  is 
being  done  there  in  fraud  of  the  internal  revenue] ;  Wherefore 
this  affiant,  who  is  an  internal-revenue  officer  of  the  said 
United  States,  to  wit,  a  ,  prays  a  search-warrant,  au- 

3 


34  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

thorizing  him  to  search  the  said  premises  pursuant  to  the 
statute  in  such  case  made  and  provided. 


Subscribed  and  sworn  be- 
fore me  by  the  above-named 

,  the  day  and  year 

above  written. 


U.  S.  Commissioner. 


United-States  Commissioner's  search-warrant,  issued  to  an 
internal-revenue  officer,  under  Sec.  3462,  R.  S. 

No.  48. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  to  

,  Internal-Revenue l  ,  Greeting : 

Whereas  you  have  this  day  made  oath  in  writing,  before 
the  undersigned,  a  Commissioner  of  the  Circuit  Court  of  the 
said  United  States  for  the  district  aforesaid,  to  the  effect  that 
you  have  good  reason  to  believe,  and  do  verily  believe,  that 
upon  and  by  the  use  of  certain  premises  within  the  said  dis- 
trict, to  wit, ,  a  fraud  upon  the  internal  revenue  of  the 

said  United  States  has  been  and  is  being  committed,  that  is 
to  say,  [state  what  the  fraud  is] ;  wherefore  you  pray  a  war- 
rant to  search  the  said  premises:  Now,  therefore,  pursuant 
to  Section  3462  of  the  Eevised  Statutes,  you  are  hereby  au- 
thorized and  empowered,  to  enter  the  said  premises,  (in  the 
day-time  only,  if  the  same  be  a  dwelling-house,)  and  thoroughly 
to  search  the  same  for  all  subjects,  means  and  evidences  of 
such  fraud  upon  the  revenue,  to  the  end  that  such  fraud  may 
be  discovered  and  restrained,  and  that  all  offenders  and  for- 
feited property  may  be  dealt  with  according  to  law.  And 
hereof  make  due  return,  without  delay. 

Witness  the  hand  and  seal  of  the  said  Commissioner,  at 

,  in  the  said  district,  this  day  of ,  A.  D.  189-, 

and  of  the  independence  of  the  said  United  States  the 

year.  , 

(L.  S.)  U.  S.  Commissioner. 

1  Give  the  officer's  official  title. 


GENERAL   FORMS   OF   COMPLAINTS,  ETC.  35 


Application,  to  a  United-States  Commissioner,  by  a  poor 
convict,  for  his  discharge  from  jail  under  Sec.  1042, 

K.  S. 

No.  49. 

To ,  a  Commissioner  of  the  Circuit  Court  of  the 

United  States  of  America  for  the  District  of : 

The  undersigned respectfully  shows,  that  he  was 

sentenced  by  the Court  of  the  said  United  States  for  the 

district  aforesaid,  on  the day  of ,  A.  D.  189-,  to  pay 

a  fine  of dollars,  and  the  costs  in  that  behalf;  and  that 

he  has  been  confined  thirty  days,  and  still  is  confined,  in  the 

common  jail  of  the  county  of ,  in  the  said  district,  solely 

for  the  non-payment  of  the  said  fine  and  costs;  and  that  he  is 
unable  to  pay  the  same,  and  has  not  any  property  exceeding 
twenty  dollars  in  value,  except  such  as  is  by  law  exempt  from 
being  taken  on  execution  for  debt :  Wherefore  he  prays  to  be 
discharged,  pursuant  to  Section  1042  of  the  Revised  Statutes, 
as  a  poor  convict,  from  further  imprisonment  under  the  sen- 
tence aforesaid. 

Dated ,  A.  D.  189-.  . 


United-States  Commissioner's  warrant  to  produce  applicant 
for  discharge  under  Sec.  1042,  E.  S. 

No.  50. 

P A.  H ,  a  Commissioner  of  the  Circuit  Court  of  the 

United  States  of  America  for  the  District  of ,  to  the 

Keeper  of  the  Common  Jail  of  the  county  of ,  and  to 

the  Marshal  of  the  said  district,  Greeting: 
Whereas  written  application  for  discharge,  pursuant  to  Sec- 
tion 1042  of  the  Revised  Statutes,  as  a  poor  convict,  has  this 

day  been  made  to  me  by  — ,  now  and  for  thirty  days  last 

past  confined  in  the  said  jail,  as  it  is  said,  solely  for  the  non- 
payment of  a  certain  fine  and  costs  adjudged  against  him  by 


36  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

a  court  of  the  said  United  States:  Now,  therefore,  in  the 
name  and  by  the  authority  of  the  said  United  States,  you  the 
said  Keeper  of  the  said  jail  are  hereby  commanded,  that  you 
[forthwith]  deliver  to  the  said  Marshal  the  body  of  the  said 

;  and  you  the  said  Marshal  are  hereby  commanded, 

that  you  [forthwith]  produce  the  body  of  the  said 

before  me,  at  my  office  in ,  in  the  said  district,  [on  - 

the ,  at o'clock  — .  M.,]  in  order  that  the  matter  afore- 
said may  be  heard  and  determined.  And  hereof  let  due  return 
be  made,  without  delay. 

Given  under  my  hand  and  seal,  at aforesaid,  this  — 

day  of ,  A.  D.  189-,  and  of  the  independence  of  the  said 

United  States  the year. 

(L.S.)  , 

U.  S.  Commissioner. 


Notice  to  United-States  Attorney  of  application  of  poor 
convict  for  his  discharge  under  Sec.  1042,  R.  S. 

No.  51. 

BEFORE ,  U.  a   COMMISSIONER,  DISTRICT  OF ,  AT 

CHICAGO. 

\  Application  for  discharge  un- 
der Sec.  1042,  K.  S. 
;      The  United-States    Attor- 
ney will  take  notice,  that  application  has  been  made  as  above, 

and  that  the  matter  will  come  on  for  hearing  on the , 

at o'clock  — .  M.,  or  as  soon  thereafter  as  the  same  can  be 

heard. 
Dated ,  189—.  — . 

To  -  — ,  Esq., 

U.  S.  Attorney,  Disk  M, 
Chicago. 


GENERAL   FORMS    OF   COMPLAINTS,  ETC.  37 

Oath  before  a  United-States  Commissioner,  of  an  applicant 
for  discharge,  as  a  poor  convict,  under  Sec.  1042,  R.  8. 

No.  52. 

BEFORE ,  A  COMMISSIONER  OF  THE  CIRCUIT  COURT  OF 

THE  UNITED  STATES  OF  AMERICA  FOR  THE  DISTRICT  OF . 


In  the  matter  of 


Application  for  discharge  un- 
der Section  1042  of  the  Re- 
vised Statutes. 

I,   ,   do  solemnly 

swear,  that  I  have  not  any  property,  real  or  personal,  to  the 
amount  of  twenty  dollars,  except  such  as  is  by  law  exempt 
from  being  taken  on  civil  precept  for  debt  by  the  laws  of 
Illinois;  and  that  I  have  no  property  in  any  way  conveyed 
or  concealed,  or  in  any  way  disposed  of,  for  my  future  use  or 
benefit :  So  help  me  God.  . 


Subscribed  and  sworn  before  me  by  the  above-named 
-,  at ,  in  the  District  of  ,  this day  of  - 


A.  D.  189-. 


U.  S.  Commissioner. 


United-States  Commissioner's  certificate,  to  jailer  and 
marshal,  of  facts  pertaining  to  the  discharge  of  a  poor 
convict,  pursuant  to  Sec.  1042,  R.  S. 

No.  53. 

District  of ,  set. —  On  this day  of ,  A.  D.  189-, 

at ,  before  me, ,  a  Commissioner  of  the  Circuit 

Court  of  the  United  States  of  America  for  the  District  of 

— ,  comes  on  to  be  heard  the  application  of to  be 

discharged,  pursuant  to  Section  1042  of  the  Revised  Statutes 
of  the  said  United  States,  as  a  poor  convict,  from  imprison- 
ment in  the  common  jail  of  the  county  of ;  due  notice 

having  first  been  given  to  the  District  Attorney,  who  appears 
on  behalf  of  the  said  United  States.  And  it  appearing  to  me, 

on  examination  of  the  matter,  that  the  said has 

been  confined  in  the  said  jail  thirty  days  next  before  the 
making  of  his  said  application,  solely  for  the  non-payment  of 


38 


FORMS    ADAPTED   TO   CRIMINAL   CASES. 


a  fine  and  costs  adjudged  against  him  by  a  court  of  the  said 
United  States,  and  that  he  is  unable  to  pay  the  same,  and  that 
he  has  not  any  property  exceeding  twenty  dollars  in  value, 
except  such  as  is  by  law  exempt  from  being  taken  on  execu- 
tion for  debt;  and  the  said having  taken  before  me 

the  oath  by  the  said  Section  1042  prescribed :  It  is  ordered, 
that  the  said be  discharged  from  further  imprison- 
ment, and  go  hence  without  day. 

All  which  is  hereby  certified  to  the  Keeper  of  the  said  jail, 
and  the  Marshal  of  this  district,  pursuant  to  the  section  of  law 
above  mentioned. 

Given  under  my  hand  and  seal,  the  day  and  year  above 

written.  , 

U.  S.  Commissioner. 


United-States  Commissioner's  certificate  and  order  for  pay- 
ment of  witness-fees. 

No.  54. 

BEFORE ,  A  COMMISSIONER  OF  THE  CIRCUIT  COURT  OF 

THE  UNITED  STATES  OF  AMERICA  FOR  THE  DISTRICT  OF . 


The  United  States 


Chicago, ,  189-. 


vs.  )-  Charge :  Violation  of  Sec. 


) 


It  is  hereby  certified,  that  the  person —  below  named  — 

entitled  to  fees  as witness —  for  the  United  States  in  this 

cause,  as  follows : 


Date. 

Name. 

Residence. 

Days. 

1 

o. 

Miles. 

I 

c. 

Tota 

And  it  is  ordered,  that  the  Marshal  pay  to  the  said  witness- 
the  sum —  to  which  — he so  entitled. 


U.  S.  Commissioner. 


GENERAL  FORMS  OF  COMPLAINTS,  ETC.  39 


United-States  Commissioner's  transcript,  on  certifying  a 
canse  into  court. 

No.  55. 

BEFORE ,  A  COMMISSIONER  OF  THE  CIRCUIT  COURT  OF 

THE  UNITED   STATES  OF  AMERICA  FOR  THE  DISTRICT  OF 
,  AT  THE  CITY  OF  ,  IN  THE  SAID  DISTRICT. 


The  United  States  of  America  \      Charge : 

vs.  )- 


189-. 


Affidavit  of filed. 

Warrant  issued  .     Subpoena —  issued  for 

.     Defendant —  in  court, 


District  of ,  set. —  I,  — ,  a  Commissioner  of  the 

Circuit  Court  of  the  United  States  of  America  for  the  Dis- 
trict of ,  do  hereby  certify,  that  the  foregoing  is  a  true 

transcript  of  the  proceedings  had  in  the  above-entitled  cause, 
lately  pending  before  me ;  and  that  the  papers  numbered  1  to 

inclusive,  accompanying  this  transcript,  are  [copies  of] 

the  original1   papers  in  the  said  cause:  Which  transcript  and 

papers  are  herewith  returned  into  the  Court  of  the 

United  States  for  the  District  of  ,  in  pursuance  of  law  2 

and  the  rules  of  court. 

In  witness  whereof,  I  hereunto  set  my  hand,  at  the  city  of 

— ,  in  the  said  District  of ,  this day  of ,  A.  D. 

1S9-.  : — , 


U.  S.  Commissioner. 


1  In  United  States  v.  Barber,  140  U.  S.  164,  the  Supreme  Court  says,  "In 
most  districts  it  is  the  habit  of  commissioners  to  send  up  the  original  proceed- 
ings before  them,  a  practice  to  which  there  seems  to  be  no  objection,  con- 
ducing, as  it  does,  to  a  diminution  of  expenses  to  the  government ;  but 
where  the  requirements  of  Section  1014  are  literally  adhered  to,  the  expense 
of  preparing  such  transcript  is  a  proper  charge  against  the  government." 

2  See  Sec.  1014,  R  S. 


40  FOfiMS   ADAPTED   TO   CRIMINAL   CASES. 

BILL   OF   COSTS. 

Commissioner's  fees : 

.......•**.    i   •••••••••••••••••••••••••••< 

Marshal's  fees: 

Witness-fees : 

U.  S.  Attorney's  fees : 


U.  S.  Commissioner. 


Clerk's  certificate  of  qualification  and  authority  of  a 
United-States  Commissioner,  and  of  the  genuineness 
of  his  signature. 

No.  56. 

UNITED  STATES  OF  AMERICA,  } 

District  of ,  set.        j      I,  ,   Clerk  of  the 

Circuit  Court  of  the  United  States  of  America  for  the  Dis- 
trict of ,  do  hereby  certify,  that  P A.  II ,  whose 

name  appears  subscribed  to  the  jurats  of  the  foregoing  com- 
plaint and  affidavits  and  to  the  foregoing  warrant,  was  before 
and  at  the  several  times  of  taking  the  said  complaint  and  affi- 
davit and  making  the  said  warrant,  and  still  is,  a  commis- 
sioner of  the  said  Circuit  Court,  duly  appointed  and  qualified  ; 
that  the  several  signatures,  purporting  to  be  his,  to  the  sev- 
eral documents  aforesaid,  are  his  genuine  signatures;  and 
that  full  faith  and  credit  are  due  to  his  official  acts  as  such 
commissioner. 

Given  under  my  hand  and  the  seal  of  the  said  court,  at 

— ,  this  -    -  day  of ,  A.  D.  189-. 

(L.  S.) 

Clerk. 


CRIMES  AGAINST  THE  OPERATIONS  OF  THE 
GOVERNMENT. 


Indictment,  on  Sec.  5414,  R.  S,,  for  forging  an  obligation 
of  the  United  States,  by  forging  an  endorsement  in 
writing  upon  a  check  for  money,  drawn  by  an  officer 
of  the  United  States ;  with  a  count  on  Sec.  5431,  R.  S., 
for  uttering  and  passing  a  forged  obligation  of  the 
United  States,  and  one  on  Sees.  5414  and  5479,  R.  S., 
for  forging  a  writing  with  intent  to  defraud  the  United 
States. 

No.  57  (1). 

1 bad  in  his  possession  a  certain  obligation  and  security2 

of  tbe  said  United  States,  of  tbe  tenor  following,  to  wit : 


State  object 
for  which  drawn 

Supplies 


Recruiting, 
No.  (11618)  New  York  City 

Oct.  16  1885 
B      Assistant  Treasurer  of  the  U.  S. 

New  York 

Pay  to  the  order  of  W.  T.  Johnson     —     — 
Three     —     —     —      —     —     —      —    Dollars 

tf?— 

*°-*oo  Geo.  L.  Andrews 

Colonel  25  Infy  Supt'  G.  B.  S. 


And  that  tbe  said ,  so  having  in  his  possession  the 

obligation  and  security  aforesaid,  on   the  said  day  of 

,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

aforesaid,  in  the  district  aforesaid,  with  intent  to  de- 
fraud 3  one  William  T.  Johnson,  feloniously  did  falsely  forge 
and  counterfeit  upon  the  said  obligation  and  [§  5414,  R.  S.] 

1  Begin  as  indicated  in  one  of  tbe  general  forms,  Nos.  1  to  6. 

2  For  definition  of  words  "  obligation  and  security  of  the  United  States," 
see  Sec.  5413,  R  S. 

3  It  is  sufficient  to  aver  in  the  general  language  of  the  statute  an  intent 
to  defraud,  and  the  name  of  any  person  sought  to  be  defrauded  need  not 
be  mentioned.     U.  S.  v.  Jolly,  37  F.  R  108. 


42  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

security  a  certain  endorsement 4  in  writing,  of  the  tenor  fol- 
lowing, to  wit,  "  TF.  T.  Johnson."  And  so  the  grand  jurors 

aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the  said 

,  in  manner  and  form  aforesaid,  with  intent  to  defraud,  did 

falsely  forge  and  counterfeit  an  obligation  and  security  of 
the  said  United  States ;  against,  etc.5 

No.  58  (2). 

present,  that  the  said ,  before  and  at  the  time  of 

the  committing  of  the  offense  hereinafter  next  mentioned,  at 

—  aforesaid,  in  the  district  aforesaid,  had  in  his  possession  a 
certain  obligation  and  security  of  the  said  United  States,  that  is 
to  say,  a  certain  check  drawn  by  one  George  L.  Andrews,  as 
colonel  of  the  Twenty-fifth  Regiment  of  Infantry,  and  superin- 
tendent of  the  General  Recruiting-Service,  in  the  army  of  the 
said  United^  States,  upon  the  Assistant  Treasurer  of  the  said 
United  States  at  the  cittj  of  New-  York*  f  or  the  payment  of- 
dollars  to  the  order  of  one  William  T.  Johnson,  (therein  styled 

W.  T.  Johnson,)  and  bearing  date  of  the day  of  -  — ,  in 

the  year  eighteen  hundred  and ;  on  the  back  of  which  ob- 
ligation and  security  last  mentioned,  at  the  time  when  the  said 

so  had  the  same  in  his  possession  as  aforesaid,  was  a 

certain  falsely  made  and  forged  endorsement  in  writing,  of  the 
tenor  following,  to  wit,  "  W.  T.  Johnson: "  And  that  the  said 
— ,  so  having  in  his  possession  the  obligation  and  security 
last  aforesaid,  with  the  said  falsely  made  and  forged  endorse- 
ment thereon  written  as  aforesaid,  on  the day  of ,  in 

the  year  of  our  Lord  eighteen  hundred  and ,  at afore- 
said, in  the  district  aforesaid,  feloniously  did  utter  and  pass 
[§  5431,  R.  S.]  the  same  obligation  and  security,  so  bearing 
the  same  falsely  made  and  forged  endorsement,  with  intent  to 

defraud  one6  William  J.  Maloney;  he  the  said then 

and  there  well  knowing  the  same  falsely  made  and  forged  en- 
dorsement to  be  falsely  made  and  forged.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 

said ,  in  manner  and  form  in  this  count  aforesaid, 

feloniously  and  with  intent  to  defraud,  did  knowingly  utter 
and  pass  a  falsely  made  and  forged  obligation  and  security  of 
the  said  United  States;  against,  etc. 

4  Writing  name  of  payee  falsely  and  fraudulently  on  the  back  is  forgery 
of  the  instrument     U.  S.  v.  Jolly,  37  F.  R  108 ;  U.  &  v.  Albert,  45  Id.  552. 
*  Conclude  as  in  one  of  the  general  forms,  Nos.  1  to  0. 
6  See  No.  231,  notes. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  43 

ETo.  59  (3). 

having  then  and  there  in  Ma  possession  a  certain 

check  and  order  in  writing,  whose  tenor  here  follows,  that  is 
to  say, —  [set  out  a  check  similar  to  the  one  set  out  in  the  first 
count  of  this  indictment,  but  payable  to  the  order  of — say  Pat- 
rick  O*  Callaghan~\,  feloniously  did     [§§  5414,  5479,  R.  S.] 
falsely  make  and  forge  upon  the  same  check  and  order,  with 
the  intent  and  for  the  purpose  of  defrauding  the  said  United 
States,  a  certain  endorsement  in  writing,  of  the  tenor  follow- 
ing, to  wit,  "  Pay  to  the  order  of  John  K.  French,  U.  S.  A.— 
Patrick  O1  Callaghan;  "  against,  etc. 

Indictment,  on  Sec.  5414,  R.  S.,  for  making  and  forging 
notes  in  imitation  of  a  note  of  the  national-bank  cur- 
rency. 

No.  60. 

with  intent  to  defraud1  some  person  or  persons  to 

the  said  grand  jurors  unknown,  unlawfully  and  feloniously 
did  falsely  make  and 2  forge  six  notes  in  imi-     [§  5414,  R.  S.] 
tation  of  and  purporting  to  be  notes  of  the  national-bank  cur- 
rency of  the  said  United  States ;  the  tenor  of  each  of  which 
said  falsely  made  and  forged  notes  is  as  follows,  to  wit — 3 


National  Currency 
Five  This  note  is  secured  by  bonds  of         A  69893 

the    United  States 
deposited  with  the  U.  S.  Treasurer  at  Washington. 
John  Allison  John  C.  New 

Register  of  the  Treasury.        Treasurer  of  the  United  States 


•^    «g  Citizens 

'%.  National  Bank 

02  of  Indianapolis 

will  pay  the  bearer  on  demand 
368  Five  Dollars. 

Indianapolis  Indiana  Dec.  14th  1864. 

G.  B.  Yandes,  A.  G.  Pettibone, 

Cashier.  Pres't. 

Act  approved  June  3d  1864. 


1  See  No.  232,  note. 

2  Not  doubla    See  U.  S.  v.  Hull,  14  F.  R  324;  U.  S.  v.  Fero,  18  Id.  901 ; 
U.  S.  v.  Byrne,  44  Id  188;  Heard 's  Or.  PI.  123,  126,  128.     See,  also,  No.  6, 
note  16. 

3  It  is  enough  to  set  forth  what  constitutes  the  contract  of  the  bill.    Num- 


44  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

against  the  peace  and  dignity  of  the  said  United  States,  and 
contrary  to  the  form  of  the  statute  of  the  same  in  such  case 
made  and  provided. 


Complaint ,  on  Sec.  5414^  B.  s.,  for  forging  an  obligation 
of  the  United  States,  by  forging  an  endorsement  upon 
a  check  drawn  by  an  officer  of  the  United  States ;  with 
a  count  on  Sec.  5431,  B.  S. ,  for  passing  the  same  forged 
obligation. 

No.  61. 

and  within  the  jurisdiction  of  the  said  United  States, 

wrongfully  had  in  his  possession  a  certain  obligation  and  secu- 
rity of  the  said  United  States,  to  wit,  a  certain  check  drawn 
by  one  George  L.  Andrews,  as  colonel  of  the  25th  Regiment  of 
Infantry,  and  superintendent  of  the  General  Recruiting  Serv- 
ice, in  the  army  of  tJie  said  United  States,  upon  the  Assistant 
Treasurer  of  the  said  United  States  at  New  York;  the  said 
George  L.  Andrews,  at  the  time  of  so  drawing  the  said  check, 
being  an  authorized  officer  of  the  said  United  States  for  that 
purpose,  and  the  said  Assistant  Treasurer  being  then  an  au- 
thorized officer  of  the  said  United  States  upon  whom  the  said 
check  might  be  drawn;  the  tenor  of  which  said  check  is  as  fol- 
lows, to  wit :  [here  set  out  the  check,  in  the  same  manner  as  it  is 

done  in  No.  57] ;  And  that  the  said ,  so  having  the 

said  cJieck  in  his  possession,  on  or  about  the  said day 

of ,  A.  D.  189-,  at aforesaid,  within  the  district  and 

jurisdiction  aforesaid,  with  intent  to  defraud  the  said  United 
States,  and  to  defraud  Patrick  CPCallaghan  in  the  said  check 
named,  feloniously  did  falsely  forge  and  counterfeit  upon  the 
back  of  the  said  check  a  certain  endorsement,  of  the  tenor 
following,  to  wit,  "  Pay  to  the  order  of  John  K.  French, 
U.  S.  A. —  Patrick  O*  Callaghan: "  Whereby  the  said , 


ber  of  bill,  the  vignettes,  mottoes,  devices,  and  the  words  and  figures  in  the 
margin,  need  not  be  set  out.  Whar.  Prer,  1,  264,  (p.  273  at  foot,)  and  cases 
cited ;  Oriffln  v.  State,  14  O.  (N.  S.)  55;  Com.  v.  Bailey,  1  Mass.  62;  Com,  v. 
Stevens,  1  Id  204 ;  State  v.  Carr,  5  N.  H.  367 ;  People  v.  Franklin,  3  Johns. 
Cases,  299 ;  BueklancTa  Case,  8  Leigh,  732. 

Abbreviations  of  Latin  words  on  seal  on  United-States  notes  incorrectly 
set  forth.  Held,  not  fatal,  not  being  complete  words,  etc.  U.  S.  v.  Mason, 
12  Blatchf.  497. 


CRIMES    AGAINST   OPERATIONS   OF   GOVERNMENT.  45 

in  manner  and  form  aforesaid,  with  intent  [§  5414,  R.  S.] 
to  defraud,  feloniously  did  falsely  forge  and  counterfeit  an 
obligation  and  security  of  the  said  United  States ;  contrary, 
etc. 

And  this  complainant  further  upon  his  oath  complains  and 

says,  that  the  said ,  on  or  about  the  day  and  year 

last  aforesaid,  at  the  said  city  of ,  within  the  district  and 

jurisdiction  aforesaid,  so  having  then  and  there  in  his  posses- 
sion the  check  above  mentioned,  and  the  same  then  and  there 
bearing  the  falsely  made  and  forged  endorsement  aforesaid, 
feloniously  did  utter  and  pass  the  said  check,  so  bearing  the 
said  falsely  made  and  forged  endorsement,  with  intent  to  de- 
fraud one  Frederick  B.  Northrup'  he  the  said then 

and  there  well  knowing  the  said  falsely  made  and  forged  en- 
dorsement to  be  falsely  made  and  forged :  Whereby  the  said 
,  in  manner  and  form  aforesaid,  with  intent  to  de- 
fraud, feloniously  and  knowingly  did  utter  [§  5431;  R.  S.] 
and  pass  a  falsely  made  and  forged  obligation  and  security  of 
the  said  United  States ;  contrary,  etc. 


Complaint,  on  Sec.  5414,  R.  S.,  for  forging  an  obligation  of 
the  United  States,  by  forging  an  endorsement  upon  a 
check  drawn  by  an  officer  of  the  United  States ;  with  a 
count  on  Sec.  5431,  R.  S.,  for  passing  the  same  forged 
check. 

No.  62. 

feloniously  did  falsely  forge  and  counterfeit  an  obliga- 
tion and  security  of  the  said  United  States,  by  [§  5414,  R.  S.] 
falsely  making  and  forging  a  certain  endorsement  upon  the 
back  of  a  certain  check  drawn  by  one  George  L.  Andrews, 
colonel  in  the  United-States  Army,  upon  the  Assistant  Treas- 
urer of  the  United  States  at  New  York,  for  the  sum  of , 

payable  to  one  Patrick  CPCallaghan,  and  dated  the  19th 
day  of  November,  in  the  same  year, —  the  tenor  of  which 
falsely  made  and  forged  indorsement  is  as  follows,  to  wit, 
"Pay  to  the  order  of  John  K.  French,  U.  S.  A. —  Patrick 

O1  Callaghan;  "  and  that  the  said thereupon,  on  or 

about  the  said  21st  day  of  November,  A.  D.  189-,  at  the  said 


46  FOSMS    ADAPTED    TO   CRIMINAL   CASES. 

city  of ,  in  the  district  aforesaid,  feloniously  did  utter 

[§  5431,  R.  8.]  and  pass  the  said  check,  with  the  said  falsely 
made  and  forged  endorsement  thereon,  he  then  and  there 
well  knowing  the  same  to  be  falsely  made  and  forged,  and 
intending  thereby  to  defraud  one  Frederick  B.  Northrup: 
contrary,  etc. 

Indictment,  on  Sec.  5415,  R.  S.,  for  passing  and  attempt- 
ing to  pass  counterfeited  and  spurious  notes  of  a  na- 
tional banking  association. 

No.  63  (1). 

unlawfully1  did  pass,  utter  and   publish  a   certain 

[§  5415,  R.  S.]  false,  forged  and  counterfeited  note,  purport- 
ing to  be  issued  by  a  banking  association  anthorized  and  act- 
ing under  the  laws  of  the  said  United  States  and  doing  a 
banking  business,  that  is  to  say,  the  First  National  Bank  of 
Peru,  Illinois;  the  tenor  of  which  said  false,  forged  and 
counterfeited  note  is  as  follows,  to  wit  —  [here  set  out  the  note 

in  the  manner  shown  in  No.  60] ;  he  the  said ,  at  the 

time  of  so  passing,  uttering  and  publishing  the  said  false, 
forged  and  counterfeited  note  as  aforesaid,  to  wit,  on  the  day 
and  year  first  aforesaid,  in  the  district  aforesaid,  well  know- 
ing the  same  to  be  falsely  made,  forged  and  counterfeited ; 
against,  etc. 

No.  64  (2). 

And  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 

do  further  present,  that  the  said ,  on  the  said 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

— ,  at aforesaid,  in  the  district  aforesaid,  with  intent 

[§  5415,  R.  S.]  to  defraud  one ,  feloniously8  did 

pass,  utter  and  publish,  as  true  and  genuine,  a  certain  other 
false,  forged  and  counterfeited  note,  then  and  there  purport- 
ing to  be  issued  by  the  First  National  Bank  of  Peru,  Illinois, 
the  same  being  at  and  before  that  time  a  banking  association 

1  See  U.  8.  v.  Stoats,  8  How.  41 ;  U.  S.  v.  Coppersmith,  4  F.  R  198 ;  U.  S. 
v.  Koch,  21  Id  8?a     See,  also,  No.  6,  notes  8  and  9. 
'See  U.  S.  v.  Coppersmith,  4  F.  R.  19a 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  47 

authorized  and  acting  under  the  laws  of  the  said  United 
States  and  doing  a  banking  business,  to  wit,  in  the  district 
aforesaid ;  the  tenor  of  which  said  last-mentioned  false,  forged 
and  counterfeited  note  is  as  follows,  that  is  to  say  —  {here  set 

out  the  note] ;  he  the  said ,  at  the  time  of  so  passing, 

uttering  and  publishing  the  last-mentioned  false,  forged  and 
counterfeited  note  as  aforesaid,  to  wit,  on  the  day  and  year 
in  this  count  first  aforesaid,  in  the  district  aforesaid,  well 
knowing  the  same  to  be  falsely  made,  forged  and  counter- 
feited ;  against,  etc. 

No.  65  (3). 

unlawfully  did  pass,  utter  and  publish,  and  attempt  to 

pass,  utter  and  publish,  as  true  and  genuine,  [§  5415,  R.  S.] 
a  certain  other  false,  forged  and  counterfeited  note,  purport- 
ing to  be  issued  by  the  first  National  Bank  of  Peru,  Illinois, 
a  banking  association  before  that  time  authorized  and  acting 
under  the  laws  of  the  said  United  States ;  the  tenor  of  which 
false,  forged  and  counterfeited  note  last  aforesaid  is  as  fol- 
lows, that  is  to  say  —  [here  set  out  the  note] ;  he  the  said 

,  at  the  time  of  so  passing,  uttering  and  publishing,  and 

attempting  to  pass,  utter  and  publish,  the  last-mentioned  false, 
forged  and  counterfeited  note  as  aforesaid,  to  wit,  on  the  day 
and  year  in  this  count  first  aforesaid,  'in  the  district  aforesaid, 
well  knowing  the  same  to  be  falsely  made,  forged  and  coun- 
terfeited ;  against,  etc. 

No.  66  (4). 

with  intent  to  defraud  the  said  T W ,  unlaw- 
fully did  pass,  utter  and  publish,  as  true  and  [§  5415,  R.  S.] 
genuine,  a  certain  spurious  circulating  note  purporting  to 
have  been  issued  by  the  first  National  Bank  of  Peru,  Illi- 
nois, a  banking  association  before  then  authorized  and  acting 
under  the  laws  of  the  said  United  States;  the  tenor  of  which 
said  spurious  note  is  as  follows,  that  is  to  say  —  [here  set  out 

the  note\ ;  he  the  said  M S ,  at  the  time  of  so  passing, 

uttering  and  publishing  the  said  spurious  note  as  aforesaid,  to 
wit,  on  the  day  and  year  in  this  count  first  aforesaid,  in  the 
district  aforesaid,  well  knowing  the  same  to  be  spurious; 
against,  etc. 


48  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sees.  5418  and  5421,  B.  S.,  for  forging  an 
endorsement  on  a  check  drawn  by  an  officer  of  the 
United  States,  and  forging,  and  procuring  the  forging, 
and  assisting  in  the  forging  of  a  writing,  to  enable  an- 
other to  obtain  money  from  the  United  States;  with 
connts  on  Sees.  5418,  5421,  5431  and  5479,  R.  S.,  for 
uttering  and  passing  the  same  check  with  the  forged 
endorsement  thereon. 

No.  67  (1). 

having  in  — h —  possession  a  certain  check,  whose  tenor 

here  follows,  that  is  to  say, —  [set  out  a  check  drawn  by  or 
upon  an  authorized  officer  of  the  United  States,  payable  to  the 
order  of —  say,  James  II.  Reese,]  feloniously  did  falsely  make 
[§  5418,  B.  S.]  and  forge  upon  the  said  check  a  certain  endorse- 
ment in  writing,  of  the  tenor  following,  to  wit,  "  James  II. 
Reese"  for  the  purpose  of  defrauding  the  said  United  States ; 
against,  etc. 

No.  68  (2). 

having  in  — h —  possession  a  certain  other  check,  of 

the  tenor  following,  that  is  to  say, —  [set  out  a  check,  as  in  first 
count,']  feloniousl}7  did  falsely  make  and  forge,  and  cause  to  be 
[§  5421,  B.  S.]     falsely  made  and  forged,  and  willingly  aid  in 
falsely  making  and  forging,  upon  the  same  check,  a  certain 
endorsement  in  writing,1  with  the  intent  and  for  the  purpose 
of  obtaining  and  receiving  from  the  said  United  States  a  cer- 
tain sum  of  money,  to  wit,  the  sum  of  money  in  the  same  check 
mentioned,  and  to  defraud  the  said  United  States  thereof;  the 
tenor  of  which  false  and  forged  endorsement  last  aforesaid  is 
as  follows,  to  wit,  " ;"  against,  etc. 

No.  69  (3). 

did  have  in  — h —  possession  a  certain  other  check 

for  money,  called  a  pension-check,  drawn  by  the  Pension- 
Agent  of  the  said  United  States  at ,  in  the  state  of , 

upon  the  Assistant  Treasurer  of  tho  said  United  States  at , 

in  the  state  of ,  and  of  the  tenor  following,  to  wit, —  [set 

» See  No.  57,  note  4 


CEIMES   AGAINST   OPERATIONS   OF  GOVERNMENT.  49 

out  check];  And  that  the  said  A B ,  so  having  in 

— h —  possession  the  last-mentioned  check,  then  and  there,  to 

wit,  on  the  said  day  of  — -,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at aforesaid,  in  the  district 

aforesaid,  for  the  purpose  of  enabling  one  X Y to 

obtain  and  receive  from  the  said  United  States  the  sum  of 
money  in  the  same  check  mentioned,  and  with  intent  to  de- 
fraud the  said  United  States,  feloniously  did  forge  and  coun- 
terfeit, and  procure  to  be  forged  and  counterfeited,  and  will- 
ingly assist  in  forging  and  counterfeiting,  upon  the  back  of 
the  same  check,  a  certain  endorsement  in  writing,  that  is  to 
say,  a  certain  signature  purporting  to  be  the  signature  of 
James  H.  Reese,  to  whose  order  the  last-mentioned  check  was 
by  its  terms  payable ;  the  tenor  of  which  forged  and  counter- 
feited endorsement  last  aforesaid  is  as  follows,  to  wit,  "James 
H.  Reese"  And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said  A B ,  in  manner 

and  form  in  this  count  aforesaid,  did  forge  and  counterfeit, 
and  procure  to  be  forged  and  counterfeited,  and  willingly 
assist  in  forging  and  counterfeiting,  a  writing,  [§  5421,  R.  S.] 
for  the  purpose  of  enabling  another  person  to  obtain  and  re- 
ceive from  the  said  United  States  a  sum  of  money,  and  with 
intent  and  purpose  to  defraud  the  said  United  States;  against, 
etc. 

No.  70  (4). 

did  have  in  — h —  possession  a  certain  check  for  the 

payment  of  money,  called  a  pension-check,  drawn  by  the  Pen- 
sion-Agent of  the  said  United  States  at ,  in  the  state  of 

,  upon  the  Assistant  Treasurer  of  the  said  United  States 

at ,  in  the  state  of ,  and  of  the  tenor  following,  that 

is  to  say, —  [set  out  the  check],  on  the  back  of  which  last-men- 
tioned check  then  and  there,  to  wit,  at  the  time  and  place  when 

and  where  the  said  A B so  had  the  same  in  — h — 

possession  as  aforesaid,  was  written  a  certain  forged  and  coun- 
terfeit endorsement  thereof,  that  is  to  say,  a  certain  forged 
and  counterfeit  signature  purporting  to  be  the  signature  of 
James  H.  Reese,  to  whose  order  the  last-mentioned  check  was 
by  its  terms  payable ;  the  tenor  of  which  forged  and  counter- 
feit endowment  last  aforesaid  is  as  follows,  to  wit,  "  James 
4 


50  FORMS   ADAPTED   TO   CEININAL   CASES. 

//.  Reese: "  And  that  the  said  A B ,  so  having  in  — h— 

possession  the  check  last  aforesaid,  with  the  said  forged  and 
counterfeit  endorsement  of  the  same  thereon  written  as  afore- 
said, on  the  said day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at aforesaid,  in  the  district 

aforesaid,  feloniously  did  utter  and  publish  as  true  the  same 
forged  and  counterfeit  endorsement  of  the  last-mentioned 
check,  with  the  intent  and  for  the  purpose  of  defrauding  the 

said  United  States;   — h —  the   said   A B ,   at   the 

time  of  so  uttering  and  publishing  as  true  the  forged  and 
counterfeit  endorsement  last  aforesaid,  there  well  knowing 
the  same  to  be  forged  and  counterfeit.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  afo*resaid,  do  say,  that  the 

said  A B ,  in  manner  and  form  in  this  count  afore- 

[§§  5418,  5421,  5431,  5479,  R.  S.]  said,  did  utter  and  publish 
as  true  a  forged  and  counterfeit  writing,  well  knowing  the 
same  to  be  forged  and  counterfeit,  with  the  intent  and  for  the 
purpose  of  defrauding  the  said  United  States ;  against,  etc. 

No.  Tl  (5). 

had  in  — li —  possession  a  certain  other  check  for 

money,  called  a  pension-check,  drawn  by  the  Pension- Agent 

of  the  said  United  States  at ,  in  the  state  of ,  upon 

the  Assistant  Treasurer  of  the  said  United  States  at ,  in 

the  state  of ,  and  of  the  tenor  following,  that  is  to  say,— 

[set  out  the  check],  on  the  back  of  which  last-mentioned  check 
then  and  there,  to  wit,  at  the  time  and  place  when  and  where 

the  said  A B so  had  the  same  in  — h —  possession  as 

aforesaid,  was  written  a  certain  forged  and  counterfeit  en- 
dorsement, that  is  to  say,  a  certain  forged  and  counterfeit 
signature  purporting  to  be  the  signature  of  James  II.  Reese 
in  the  same  check  mentioned ;  the  tenor  of  which  forged  and 
counterfeit  indorsement  and  signature  last  aforesaid  is  as  fol- 
lows, to  wit,  "James  H.  Reese:"  And  that  the  said  A— 

B ,  so  having  in  — h —  possession  the  check  last  aforesaid, 

with  the  same  forged  and  counterfeit  endorsement  and  sig- 
nature thereon  written  as  aforesaid,  on  the  said day  of 

,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

aforesaid,  in  the  district  aforesaid,  feloniously  did  u-tter 


CRIMES  AGAINST  OPERATIONS  OF  GOVERNMENT.        51 

and  publish  the  same    [§§  5418,  5421,  5431,  5479,  R.  8.] 

check,  with  the  same  forged  and  counterfeit  endorsement  and 
signature  thereon  written  as  aforesaid,  as  and  for  a  check  en- 
dorsed with  the  true  and  genuine  endorsement  and  signature 
of  the  said  James  H.  Reese  in  the  last-described  check  men- 
tioned, for  the  purpose  and  with  the  intent  of  defrauding  the 

said  United  States;  — h —  the  said  A B then  and 

there  well  knowing  the  forged  and  counterfeit  indorsement 
and  signature  last  aforesaid  to  be  forged  and  counterfeit ; 
against,  etc. 


Indictment,  on  Sec.  5418,1  R.  S.,  for  forging  an  affidavit  in 
support  of  a  pension  claim ;  with  a  count  on  Sec.  5421, 
R.  S.,  for  transmitting  the  same  to  the  Commissioner 

of  Pensions. 

tfo.  72  (1). 

having  made  claim  for  invalid  pension,  under  the  laws 

of  the  said  United  States  in  that  behalf,  in  order  to  further 
his  said  claim,  and  obtain  such  pension,  feloniously  did  falsely 
make  and  forge  a  certain  writing,  that  is  to  say,  a  certain 
paper  writing  in  the  form  of  and  purporting  to  be  an  affidavit, 
and  of  the  tenor  following,  to  wit :  [set  out  the  forged  writing}. 
And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 

do  say,  that  the  said ,  on  the  said day  of , 

in  the  year  of  our  Lord  eighteen  hundred  and ,  within 

the  [county  and]  district  aforesaid,  in  manner  and  form  afore- 
said, feloniously  did  falsely  make  and  forge  [§  5418,  R.  S.] 
an  affidavit  and  writing,  for  the  purpose  of  defrauding  the 
said  United  States ;  against,  etc. 


No.  73  (2). 

feloniously  did  transmit,  and 2  cause  to  be  transmitted, 

to  the  office  of  the  Commissioner  of  Pensions  [§  5421,  R.  S.] 
of  the  said  United  States,  a  certain  false  and  forged  writing, 
in  support  of  and  in  relation  to  a  certain  claim  of  him  the  said 

1  Sec.  5418,  R  S.,  is  aimed  at  forgery,  and  not  at  perjury.     U.  S.  v,  Went- 
teorth,  11  F.  R  52. 

2  Not  double.    See  U.  S.  v.  Hull,  14  F.  R  324,  325.    See,  also,  No.  6,  note  16. 


52  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

for  a  pension  from  the  said  United  States,  under 

the  laws  thereof  concerning  pensions ;  the  tenor  of  which  false 
and  forged  writing  last  aforesaid  is  as  follows,  to  wit :  [set  out  Hie 

forged  writing'] ;  He  the  said then  and  there,  to  wit, 

at  the  time  and  place  of  so  transmitting,  and  causing  to  be 
transmitted,  to  the  office  of  the  said  Commissioner  of  Pen- 
sions, the  false  and  forged  writing  last  aforesaid,  well  knowing 
the  same  to  be  false  and  forged,  and  intending  thereby  to  de- 
fraud the  said  United  States :  Against,  etc. 


Indictment;  on  Sec.  5418,  R.  S.,  for  forging  a  writing  in 
support  of  a  pension  claim,  and  for  uttering  and  pub- 
lishing the  same;  with  a  count  on  Sec.  5421,  R.  S.,  for 
transmitting  the  same  to  the  Commissioner  of  Pensions. 

Ko.  Y4  (1). 

present,  that ,  late  of  the  county  of  ,  in 

the  said  district,  before  and  on  the day  of ,  in  the 

year  of  our  Lord  eighteen  hundred  and   ,   within   the 

county  and  district  aforesaid,  was  an  applicant  for  a  pension 
from  the  said  United  States,  and  claiming  such  pension  as 
having  contracted  disease  and  incurred  disability  while  in  the 
military  service  of  the  said  United  States,  and  in  the  line  of 
his  duty,  during  the  late  war  of  the  rebellion ;  and  that  the 

said ,  so  being  such  applicant,  in  order  to  further 

his  said  claim,  and  obtain  such  pension,  on  the  said day  of 

,  in  the  year  of  our  Lord  eighteen  hundred  and , 

within  the  count}"  and  district  aforesaid,  feloniously  did  falsely 
make  and  forge  a  certain  writing,  of  the  tenor  following, 

to  wit : 

U.  S.  GEN.  HOSPT., 

BENTON  BARRACKS, 

May  30th,  1863.  St  Louis, 

Ma 

To  all  whom  it  may  concern,  that  I  have  examined  carefully ,  a 

Private  of  Comp.  G,  17th  Ills.  Inft  and  find  Rheumical  affection  of  the 
Heart  as  well  as  valvulare  disease  of  the  same  which  renders  him  unfit  for 
field  servise.  By  reason  of  which  I  retain  him  for  light  HospL  duty.  To 
the  best  of  my  blief  said  disease  was  induced  in  the  servise. 

IRA  RUSSELL, 
Surg.  U.  S.  V.  in  charge 
of  Hospt 


CRIMES    AGAINST   OPERATIONS    OF   GOVERNMENT.  53 

And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 
do  say,  that  the  said  —  — ,  in  manner  and  form  aforesaid, 
feloniously  did  falsely  make  and  forge  a  writing,  for  the  pur- 
pose of  defrauding  the  said  United  States ;  [§  5418,  B.  S.] 
against,  etc. 

No.  75  (2). 

further  present,  that  the  said ,  on  the day 

of ,  in  the  year,  etc.,  within  the  county  and  district  afore- 
said, having  applied  for  a  pension  from  the  said  United  States, 
upon  the  ground  of  disability  incurred  while  an  enlisted  man 
in  the  military  service  of  the  said  United  States,  feloniously 
did  utter  and  publish  as  true  a  certain  false  [§  5418,  R.  S.] 
and  forged  writing,  for  the  purpose  of  deceiving  the  proper 
officers  of  the  said  United  States  in  that  behalf,  and  obtaining 
such  pension,  and  thereby  defrauding  the  said  United  States ; 
the  tenor  of  which  false  and  forged  writing  last  aforesaid  is 
as  follows,  to  wit :  [set  out  writing  as  in  first  count] ;  He  the 

said then  and  there,  to  wit,  at  the  time  and  place 

of  so  uttering  and  publishing  as  true  the  false  and  forged  writ- 
ing last  aforesaid,  well  knowing  the  same  to  be  false  and 
forged :  Against,  etc. 

No.  76  (3). 

having  made  claim  for  invalid  pension,  under  the  laws 

of  the  said  United  States  concerning  pensions,  in  order  to  fur- 
ther the  same  claim,  and  obtain  such  pension,  feloniously  did 
transmit  to  the  office  of  the  Commissioner  of  [§  5421,  B.  S.] 
Pensions  of  the  said  United  States  a  certain  false  and  forged 
writing  in  support  of  and  in  relation  to  the  same  claim,  with 
the  intent  and  purpose  of  causing  it  to  be  believed  by  the  said 

Commissioner  of  Pensions  that  he  the  said before 

that  time  had  been  examined  by  a  surgeon  in  the  military 
service  of  the  said  United  States,  and  on  such  examination  had 
been  found  by  such  surgeon  to  have  disease  of  the  heart,  con- 
tracted in  the  said  service ;  it  being  then  and  there  material 
in  that  behalf  that  the  said  Commissioner  of  Pensions  should 

know  and  be  informed  whether  the  said had  been 

so  examined,  and  whether  he  had  been  so  found  to  have  dis- 
ease of  the  heart,  contracted  in  the  military  service  aforesaid ; 
the  tenor  of  which  false  and  forged  writing  last  aforesaid  is 


54  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

as  follows,  to  wit:  [set  out  writing  as  in  first  count] ;  He  the 

said then  and  there,  to  wit,  at  the  time  and  place  of 

so  transmitting  to  the  said  Commissioner  of  Pensions  the  last- 
mentioned  false  and  forged  writing  as  aforesaid,  well  knowing 
the  same  to  be  false  and  forged,  and  intending  thereby  to  de- 
fraud the  said  United  States :  Against,  etc. 

Indictment;  on  Sec.  5418,  R.  S.,  for  forging  a  distiller's 
bond,  and  for  uttering  and  publishing  the  same  as 
true;  with  a  count  on  Sec.  3451,  R.  S.,  for  procuring 
the  same  to  be  falsely  executed  in  the  name  of  one  not 
a  party  thereto. 

No.  77  (1). 

feloniously  did  falsely  make  and  forge  a  certain  bond, 

[§  5418,  R.  S.]    purporting  to  be  signed  by  one  E E.  II , 

and  to  be  sealed  and  delivered  by  him  the  said  E E. 

H ;  the  tenor  of  which  said  falsely  made  and  forged  bond 

is  as  follows,  that  is  to  s&y —  [set  out  the  bond,']  with  the 
intent  and  for  the  purpose  of  defrauding  the  said  United 
States;  against,  etc. 

No.  78  (2). 

for  the  purpose  of  defrauding  the  said  United  States, 

feloniously  did  utter  and  publish  as  true  a  certain  false  and 
[§  5418,  R.  S.]  forged  writing,  purporting  to  be  a  distiller's 
bond;  the  tenor  of  which  said  false  and  forged  writing,  on 
the  face  thereof,  is  as  follows,  that  is  to  say  —  [set  out  the 
face  of  the  writing},  and  on  the  back  thereof  is  as  follows, 
that  is  to  say  —  [set  out  the  lack  of  the  writing] ;  — h —  the 

said then  and  there,  to  wit,  at  the  time  and  place 

of  so  uttering  and  publishing  the  said  false  and  forged  writ- 
ing as  aforesaid,  well  knowing  the  same  to  be  false  and  forged ; 
against,  etc. 

No.  79  (3). 


unlawfully  did  procure  to  be  falsely  and  fraudulently 

[§  3451,  R.  S.]    executed,  and  aid  in  and  connive  at  falsely 

and  fraudulently  executing,  in  the  name  of  one  E E.  II , 

a  certain  document  called  a  distiller's  bond,  the  same  then  and 
there  being  a  document  required  by  the  provisions  of  the  in- 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  55 

ternal-revenue  laws  of  the  said  United  States,  to  wit,  section 
thirty-two  hundred  and  sixty  of  the  Revised  Statutes  of  the 
said  United  States,  [or,  by  the  provisions  of  the  act  of  the 
Congress  of  the  said  United  States,  entitled  "An  act,  etc.," 
approved  the day  of ,  in  the  year  of  our  Lord  eight- 
een hundred  and ] ;  the  tenor  of  which  said  document 

is  as  follows,  that  is  to  say  —  [set  it  out],  the  said  E E. 

H not  being  in  fact  a  party  to  the  said  document,  or 

privy  or  consenting  to  the  execution  thereof  in  his  name  as 
aforesaid,  at  the  time  of  the  execution  of  the  said  document 
as  aforesaid,  or  at  any  other  time ;  against,  etc. 

Indictment,  on  Sec.  5421,  R.  S.,  for  forging  a  soldier's  dis- 
charge, for  the  purpose  of  obtaining  money  from  the 
United  States ;  for  uttering  and  publishing  the  same 
as  true ;  for  presenting  a  forged  writing  to  an  officer 
of  the  United  States  in  support  of  a  false  account 
(Sees.  5421  and  5418,  R.  S.;)  and  for  forging  a  voucher, 
for  the  purpose  of  obtaining  a  sum  oi  money  from  an 
officer  of  the  United  States ;  with  a  count  on  Sec.  5438, 
R.  S.,  for  presenting  to  an  army  paymaster,  for  pay- 
ment, a  false  claim  for  soldier's  pay. 

No.  80  (1). 

for  the  purpose  of  obtaining  from  the  said  United 

States  a  sum  of  money,  to  wit,  the  sum  of  ,  feloniously 

did  falsely  make  and  forge,  and  cause1  to  be  [§  5421,  R.  S.] 
falsely  made  and  forged,  and  willingly  aid  in  falsely  making 
and  forging,  a  certain  writing,  called  a  discharge,  the  tenor  of 
which  said  false  and  forged  writing  is  as  follows,  that  is  to 
say :  [set  out  the  discharge] ;  against,  etc. 

No.  81  (2). 

with  intent  to  defraud  the  said  United  States,  felo- 
niously2 did  utter  and  publish  as  true  a  [§  5421,  R.  S.] 

'  Not  double.     See  U.  S.  v.  Hull,  14  F,  R  324     See  No.  6,  note  16. 

2  It  is  sufficient  to  charge  the  act  to  have  been  done  "  with  intent  to  de- 
fraud the  United  States."  without  also  charging  that  it  was  done  feloniously, 
or  with  a  "  felonious  intent."  U.  S.  v.  Staats,  8  How.  41.  See  No.  6,  notes  8 
and  9. 


56  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

certain  other  false  and  forged  writing,  the  tenor  whereof  is  as 
follows,  that  is  to  say :  [set  out  discharge,  as  in  first  count] ; 

— h —  the  said then  and  there,  to  wit,  at  the  time  of 

so  uttering  and  publishing  as  true  the  last-mentioned  false 
and  forged  writing  as  aforesaid,  in  the  [city  and]  district 
aforesaid,  well  knowing  the  same  writing  to  be  false  and 
forged :  Against,  etc. 

No.  82  (3). 

-  with  intent  to  defraud  the  said  United  States,  feloni- 
[§  5421  (5418),  R.  S.]    ously  did  present  at  the  office  of  F- 

B ,  then  an  officer  of  the  said  United  States,  to  wit,  a 

paymaster  in  the  army  of  the  said  United  States,  at afore- 
said, a  certain  other  false1  and  forged  writing,  in  support  of 
a  certain  account  and  claim  therein  mentioned ;  the  tenor  of 
which  false  and  forged  writing  last  aforesaid  is  as  follows, 

that  is  to  say :  [set  out  the  writing] ;  — h —  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so  presenting 
the  last-mentioned  false  and  forged  writing  as  aforesaid,  well 
knowing  the  same  to  be  false  and  forged;  against,  etc. 

No.  83  (4). 

-  for  the  purpose  of  obtaining  from  F B ,  then 

an  officer  of  the  said  United  States,  to  wit,  a  paymaster  in  the 
army  of  the  said  United  States,  a  sum  of  money,  to  wit,  the 
sum  of  -  — ,  feloniously  did  falsely  make  and  forge,  and  cause 
to  be  falsely  made  and  forged,  and  willingly  aid  in  falsely 
[§  5421,  R.  S.]    making  and  forging,  a  certain  other  writing, 
called  a  voucher;  the  tenor  of  which  false  and  forged  writing 
last  aforesaid  is  as  follows,  that  is  to  say :  [set  out  the  voucher] ; 
against,  etc. 

No.  84  (5). 

pretending  to  be  D G ,  and  under  that  name 

to  have  been  lately  before  then  a  private  soldier  of,  and  dis- 
charged from,  Company  A  of  the  Fifth  Regiment  of  Infantry. 

1  The  third  clause  of  Sec.  5421,  R  S.,  applies  to  false  as  well  as  to  forged 
writings.  U.  S.  v>  Staats,  8  How.  41. 

But  the  indictment  should  show,  in  case  the  writing  is  merely  false  in  its 
statements,  that  it  is  false  in  material  allegations.  U.  S.  v.  Corbin,  11  F.  R. 
238. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  57 

in  the  Army  of  the  said  United  States,  did  make  and  present 
to  F B ,  then  a  paymaster  in  the  said  army,  for  pay- 
ment, a  certain  claim  against  the  Government  [§  5438,  R.  8.] 
of  the  said  United  States,  that  is  to  say,  a  certain  claim  then 

and  there  purporting  to  be  a  claim  of  D G ,  as  such 

discharged  soldier  as  aforesaid,  for  pay  from  the  first  day  of 

September,  in  the  said  year  eighteen  hundred  and ,  to  the 

twenty-ninth  day  of  October,  in  the  same  year,  for  retained 
pay,  for  pay  for  travelling  from  Fort  Keogh,  in  the  Territory 
of  Montana,  to  Jersey  City,  in  the  state  of  New-Jersey,  for 
subsistence  for  such  travelling,  and  for  clothing,  in  the  whole 

amounting,  after  certain  deductions  made,  to  the  sura  of ; 

which  claim  last  aforesaid  then  and  there,  to  wit,  at  the  time 
and  place  of  the  making  and  presenting  thereof  as  aforesaid, 

was  false,  fictitious  and  fraudulent,  in  this,  that  the  said 

then  and  there  was  not  D G ,  and  had  not  under 

that  name  been  lately  before  then  a  private  soldier  of,  and 
discharged  from,  Company  A  of  the  regiment  aforesaid,  and 
was  not  then  and  there  entitled  to  receive  from  the  said  United 
States  the  said  sum  of  money  so  claimed  as  last  aforesaid, 

or  any  part  thereof,  as  such  D G ,  discharged  soldier 

as  aforesaid ;  he  the  said ,  at  the  time  of  so  making 

and  presenting  the  same  claim,  there  well  knowing  the  same 
to  be  false,  fictitious  and  fraudulent  as  aforesaid;  against,  etc. 

Indictment,  on  Sec.  5421,  E.  S.,  for  forging  a  receipt  on  a 
money-order,  drawn  by  an  English  postmaster  on  a 
United  States  post-office;  with  a  count  on  Sec.  5438, 
R.  S.,  for  presenting  a  false  claim  upon  the  Post-Office 
Department,  to  a  person  in  the  civil  service. 

No.  85  (1). 

did   have  in   h —  possession  a  certain  money-order 

drawn  by  a  postmaster  in  the  United  Kingdom  of  Great 
Britain  and  Ireland,  to  wit,  the  postmaster  at  Shoreditch,  in 
that  kingdom,  upon  the  post-office  of  the  said  United  States 

at aforesaid,  for  the  sum  of  two  pounds  sterling,  and  of 

the  tenor  following,  that  is  to  say  —  [set  out  all  on  the  face 
of  the  money -order,  without  any  signature  other  than  that  of 


58  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

the  English  postmaster],  by  virtue  of  which  said  money- 
order  one  Thomas  Wilkins,  upon  presenting  the  same  at  the 

said  post-office  at aforesaid,  and  duly  signing  the  blank 

receipt  on  the  said  money-order,  would  be  entitled  to  receive 
from  the  postmaster  of  the  said  United  States  at  -  -  afore- 
said the  amount  of  the  said  money-order  in  money  of  the 
said  United  States,  to  wit,  the  sum  of  nine  dollars  and  seventy- 
four  cents:  And  that  the  said ,  so  having  in  h — 

possession  the  said  money-order,  then  and  there,  to  wit,  on 

the  said day  of ,  in  the  year  of  our  Lord  eighteen 

hundred  and  -  — ,  at aforesaid,  in  the  district  aforesaid, 

for  the  purpose  of  obtaining  and  receiving  from  one  X— 
Y ,  then  postmaster  of  the  said  United  States  at  —  —  afore- 
said, the  amount  of  the  said  money-order,  to  wit,  the  said 
sum  of  nine  dollars  and  seventy-four  cents,  feloniously  did 
falsely  make  and  forge  a  certain  receipt  upon  the  said  money- 
order,  by  falsely  making  and  forging  upon  the  same,  in  the 
place  indicated  for  the  signature  of  the  payee  thereof,  a  cer- 
tain signature  purporting  to  be  the  signature  of  the  said 
Thomas  Wilkins,  to  whom  the  amount  of  the  said  money- 
order  was  so  payable  as  aforesaid;  the  tenor  of  which  forged 

receipt,  so  by  the  said falsely  made  by  the  means 

aforesaid,  is  as  follows,  that  is  to  say,  "Received  the  above, 
Thos.  Wilkins"  And  so  the  grand  jurors  aforesaid,  upon 

their  oath  aforesaid,  do  say,  that  the  said then  and 

there,  in  manner  and  form  aforesaid,  feloniously  did  falsely 
make  and  forge  a  receipt,  for  the  purpose  of  obtaining  and 
[§  5421;  R.  S.]  receiving  from  an  officer  of  the  said  United 
States  a  sum  of  money;  against,  etc. 

No.  86  (2). 

-  unlawfully  did  make  and  present  to  one  Andrew  Irle, 
then  and  there  being  a  person  in  the  civil  service  of  the  said 
United  States,  to  wit,  a  clerk  in  the  post-office  of  the  said 

United  States  at aforesaid,  for  payment  by  him  as  such 

clerk,  a  certain  claim  upon  and  against  the  Post-Office  De- 
partment of  the  said  United  States,  that  is  to  say,  a  claim  for 
the  amount  of  a  certain  money -order,  to  the  effect  following, 
to  wit  —  [set  out  the  face  of  the  money-order  down  to  the  words 


CRIMES   AGAINST   OPERATIONS    OF   GOVERNMENT.  59 

" If 'this  order  is  payable  at  any  office  in  the  United  Kingdom" 
etc.,  leaving  off  the  signature  of  the  payee],  the  same  being  then 
and  there,  to  wit,  at  the  time  and  place  of  the  making  and 
presenting  of  the  said  claim  as  aforesaid,  a  money-order  prop- 
erly payable  by  the  said  Andrew  frle,  as  such  clerk  as  afore- 
said, to  one  Thomas  Wilkins,  (the  person  named  in  the  letter 
of  advice  therein  mentioned,)  and  the  amount  thereof  being 
then  and  there  a  certain  sum  of  money  of  the  said  United 
States,  to  wit,  the  sum  of  nine  dollars  and  seventy-four  cents; 
which  said  claim  was  then  and  there  false,  fictitious  and  fraud- 
ulent, in  this,  that  the  said then  and  there,  for  the 

purpose  of  obtaining  payment  to  himself  of  the  amount  of 
the  money-order  last  aforesaid,  falsely  and  fraudulently  did 
pretend  and  hold  himself  out  then  and  there  to  be  Thomas 
Wilkins,  and  to  be  the  same  person  to  whom  the  same  money- 
order  was  payable,  and  as  such  person  to  be  entitled  to  de- 
mand and  receive  payment  of  the  amount  of  the  same  money- 
order ;  whereas  in  truth  and  in  fact  the  said was  not 

then  and  there  Thomas  Wilkins,  and  was  not  then  and  there 
the  person  to  whom  the  money-order  last  aforesaid  was  pay- 
able, and  was  not  then  and  there  in  any  manner  entitled  or 
authorized  to  demand  or  receive  payment  of  the  amount  of 

the  same  money-order ;  — he  the  said ,  at  the  time  of 

so  making  and  presenting  the  said  claim  as  aforesaid,  there 
well  knowing  the  same  to  be  false,  fictitious  and  fraudulent  as 
aforesaid.  And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  on  the  said day 

of ,  in  the  year  of  our  Lord  eighteen  hundred  and  — 

— ,  at  the  said  city  of and  in  the  district  aforesaid,  in 

manner  and  form  aforesaid,  did  make  and  present  to  a  person 
in  the  civil  service  of  the  said  United  States,  [§  5438,  R.  8.] 
for  payment  by  that  person,  a  claim  upon  and  against  a  de- 
partment of  the  government  of  the  said  United  States,  which 

said  claim  — he  the  said then  and  there  knew  to  be 

false,  fictitious  and  fraudulent ;  against,  etc. 


60  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

J  ml  id  ii ic lit .  on  Sec.  5425^  It.  S.,  for  obtaining  the  issue  of 
a  certificate  of  citizenship  by  false  representations ;  and 
for  using;  and  attempting  to  use,  the  same  certificate. 

No.  87  (1). 

unlawfully  did  obtain,  accept  and  receive  a  certain  cer- 

[§  5425;  R.  S.]  tificate  of  citizenship,  to  wit,  a  certain  cer- 
tificate and  document  issued  from  the Court  of  the  -  — , 

and  bearing  date  of  the day  of ,  in  the  same  year, 

and  showing  the  said — ,  before  that  time  an  alien,  to 

have  been  then  naturalized  and  admitted  as  a  citizen  of  the 
said  United  States ;  the  issue  of  which  said  document  and  cer- 
tificate, at  the  time l  and  place  of  its  so  being  obtained,  ac- 
cepted and  received,  was  fraudulently  and  unlawfully  pro- 
cured and  obtained  by  the  said ,  in  this,  that  he  the 

said ,  at  the  time  of  procuring  and  obtaining  the 

same,  did  falsely  and  fraudulently  allege  and  represent  him- 
self to  have  then  resided  within  the  said  United  States  for 
five  years,  whereas  in  truth  he  had  not  then  resided  within 

the  said  United  States  for  five  years ;  he  the  said — , 

at  the  time  when  he  so  obtained,  accepted  and  received  the 
said  certificate  and  document,  well  knowing  the  same  to  have 
been  procured  by  fraud,  and  by  false  statements  made  with 
intent  to  procure  the  issue  of  the  same ;  against,  etc. 

No.  88  (2). 

unlawfully  did  use,  and  attempt  to  use,  a  certain  cer- 

[§  5425;  R.  S.]  tiflcate  of  citizenship,  to  wit,  a  certain  cer- 
tificate and  document  issued  from  the Court  of  the  -  — , 

and  bearing  daie  of  the day  of ,  in  the  same  year, 

and  showing  the  said ,  before  that  time  an  alien,  to 

have  been  then  naturalized  and  admitted  as  a  citizen  of  the 
said  United  States;  which  said  document  and  certificate,  be- 
fore the  same  was  so  used  and  attempted  to  be  used,  had  been 
fraudulently  and  unlawfully  procured  and  obtained  by  the 

1  See  U.  S.  v.  Lehman,  89  F.  R  768.  Query  if,  in  view  of  tho  third  condi- 
tion of  Sec.  2165,  R  S.,  (see  U.  S.  v.  Qrottkatt,  30  F.  R  672,)  any  court  is 
authorized  to  act  upon  any  statement  of  an  alien  other  than  one,  under  Sec. 
2167,  R  S.,  that  he  arrived  in  the  U.  S.  under  the  age  of  18  years. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  61 

said ,  in  this,  that  he  the  said ,  at  the  time 

of  procuring  and  obtaining  the  same,  did  falsely  and  fraud- 
ulently allege  and  represent  himself  to  have  then  resided 
within  the  said  United  States  for  five  years,  whereas  in  truth 
he  had  not  then  resided  within  the  said  United  States  for  five 

years;  he  the  said ,  at  the  time  when  he  so  used 

and  attempted  to  use  the  said  certificate  and  document,  well 
knowing  the  same  to  have  been  fraudulently  and  unlawfully 
procured  and  obtained  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  5428,  R.  S.,  for  using  a  certificate  of 
citizenship  procured  through  false  evidence;  and  for 
the  defendant's  fraudulently  representing  himself  to 
be  a  citizen  of  the  United  States,  in  order  to  secure 
registration  as  a  voter  at  a  congressional  election. 

No.  89  (1). 

unlawfully  did  knowingly  use  a  certain  certificate  of 

naturalization  theretofore  granted  to  him  by     [§  5428,  R.  S.] 

the  -    -  Court  of ,  and  procured  through  fraud  and  false 

evidence,  that  is  to  say,  by  fraudulent  and  false  testimony  to 

the  effect  that  he  the  said ,  an  alien,  had  resided 

within  the  said  United  States  for  five  years  before  the  grant- 
ing of  the  said  certificate;  against,  etc. 


No.  90  (2). 
at  a  registration  then  proceeding  of  voters  of  the  First 


Election-District  of  the  Second  Ward  of  the  said  city  of , 

within  the  First  Congressional  District  of ,  for  an  election 

for  representative  in  the  Congress  of  the  said  United  States, 
to  wit,  the  general  election  to  be  held  in  the  said  state  of  - 
on  the  Tuesday  next  after  the  first  Monday  in  November,  in 
the  same  year,  for  the  choosing  of  representatives  in  Congress 
and  state  and  county  officers,  unlawfully  did  fraudulently 
represent  himself  to  be  a  citizen  of  the  said  [§  5428,  R.  S.] 
United  States,  without  having  been  duly  admitted  to  such 
citizenship,  and  for  the  fraudulent  purpose  of  causing  himself 
to  be  registered  as  a  voter  at  the  said  election ;  against,  etc. 


62  FOKMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment^  on  Sec.  5430,  R.  S.,  for  having  in  possession  ob- 
ligations and  securities  engraved  and  printed  after  the 
similitude  of  United-States  obligations  and  securities, 
intending  to  sell,  pledge,  utter,  pass  and  use  the  same 

as  genuine. 

No.  91  (1). 

feloniously  did  have  in  — h —  possession  and  custody, 

[§  5430,  R.  S.]  without  authority  from  the  Secretary  of  the 
Treasury  of  the  said  United  States,  or  from  any  other  proper 
officer,  a  certain  obligation  and  security  engraved  and  printed 
after  the  similitude  of  an  obligation  and  security  issued  under 
the  authority  of  the  said  United  States;  which  said  obligation 

and  security  so  by  the  said had  in  — h —  possession 

and  custody  is  as  follows,  to  wit :  [set  it  out] ;  — h —  the  said 

—  then  and  there,  to  wit,  at  the  time  and  place  of  so 

having  the  same  obligation  and  security  in  — h —  possession 

and  custody  as  aforesaid,  well  knowing  the  same  not  to  be  a 

lawful  and  genuine  obligation  or  security  of  the  said  United 

"States,  and  intending  to  sell,  pledge,  utter  and  pass  the  same, 

and  thereby  to  defraud  one ;  against,  etc. 


No.  92  (2). 

unlawfully  did  have  in  — h —  possession  and  custody, 

[§  5430,  R.  S.]  without  authority  from  the  Secretary  of  the 
Treasury  of  the  said  United  States,  or  from  any  other  proper 
officer,  a  certain  other  obligation  and  security  engraved  and 
printed  after  the  similitude  of  an  obligation  and  security  issued 
under  the  authority  of  the  said  United  States;  which  obliga- 
tion and  security  so  by  the  said had  in  — h —  posses- 
sion and  custody  as  last  aforesaid  is  as  follows,  to  wit:  [set  it 
out] ;  — h —  the  said ,  at  the  time  and  place  of  so  hav- 
ing in  — h —  possession  and  custody  the  obligation  and  secu- 
rity last  aforesaid,  well  knowing  the  same  not  to  be  a  lawful 
and  proper  obligation  or  security  of  the  said  United  States, 
and  intending  to  use  the  same,  by  uttering  the  same  as  and 
for  a  lawful  and  proper  obligation  and  security  of  the  said 
United  States;  against,  etc. 


CRIMES    AGAINST    OPERATIONS    OF    GOVERNMENT.  63 

Complaint,  on  Sec.  5430,  B.  S.,  for  having  in  possession  a 
security  engraved  and  printed  after  the  similitude  of 
a  United-States  bond,  intending  to  sell  or  pass  the 

same  as  true. 

No.  93. 

-  feloniously  did  have  in  — h —  possession  and  custody, 
without  authority  from  the  Secretary  of  the  [§  5430,  B.  S.] 
Treasury  of  the  said  United  States,  or  the  authority  of  any 
proper  officer  whatever,  a  certain  obligation  and  security  en- 
graved and  printed  after  the  similitude  of  an  obligation  and 
security  of  the  said  United  States,  that  is  to  say,  after  the  simil- 
itude of  a  bond  of  the  said  United  States  for  the  sum  of 

dollars;  — h —  the  said then  and  there  intending  to 

sell  the  said  obligation  and  security  so  by  — h —  had  in  pos- 
session and  custody,  or  to  utter  and  pass  the  same  as  and  for 
a  true  and  lawful  obligation  and  security  of  the  said  United 
States  for  the  sum  of dollars ;  contrary,  etc. 


Indictment,  on  Sec.  5430,  B.  S,,  for  making  photographs, 
prints  and  impressions  of  national-bank  notes  and 
parts  thereof. 

No.  94  (1). 

unlawfully  and  feloniously,  and  not  by  direction  of 

any  proper  officer  of  the  said  United  States,  [§  5430,  B.  S.] 
did  print,  photograph  and  make,  and  cause l  to  be  printed, 
photographed  and  made,  and  aid  in  printing,  photographing 
and  making,  a  certain  photograph,  print  and  impression  in 
the  likeness  of  the  face  of  a  note  of  the  national-bank  cur- 
rency of  the  said  United  States,  and  of  the  tenor  following, 
to  wit —  [set  out  words  and  figures  on  face  of  note],  and  a  cer- 
tain other  photograph,  print  and  impression  in  the  likeness 
of  the  back  of  a  note  of  the  national-bank  currency  of  the 
said  United  States,  and  of  the  tenor  following,  to  wit  —  [set 
out  matter  on  the  lack  of  the  note'] ;  against,  etc. 

1  See  No.  6,  note  16. 


G4  FORMS   ADAPTED   TO   CRIMINAL  CASES. 

No.  95  (2). 

unlawfully  and  feloniously,  and  not  by  direction  of 

any  proper  officer  of  the  said  United  States,  did  print,  photo- 
graph and  make,  and  cause  to  be  printed,  photographed  and 
[§  5130,  R.  S.]     made,  and  aid  in  printing,  photographing  and 
making,  Jive  other  photographs,  prints  and  impressions  in  the 
likeness  of  the  face  of  a  note  of  the  national-bank  currency 
of  the  said  United  States,  of  the  denomination  of  five  dollars, 
and  five  other  photographs,  prints  and  impressions  in  the 
likeness  of  the  back  of  a  note  of  the  national-bank  currency  of 
the  said  United  States,  of  the  denomination  of  five  dollars; 
which  photographs,  prints  and  impressions  in  this  count  men- 
tioned are  yet  in  the  possession1  of  the  said ,  or  have 

been  by  — h —  destroyed  or  concealed,  wherefore  the  grand 
jurors  aforesaid  can  not  set  forth  the  tenor  thereof  in  this 
indictment;  against,  etc. 

No.  96  (3). 

unlawfully  and  feloniously,  and  not  by  direction  of  any 

proper  officer  of  the  said  United  States,  did  print,  photograph 
[§  5430,  R.  S.]  and  make,  and  cause  to  be  printed,  photo- 
graphed and  made,  and  aid  in  printing,  photographing  and 
making,  five  other  photographs,  prints  and  impressions  in  the 
likeness  of  an  obligation  and  security  of  the  said  United  States, 
that  is  to  say,  in  the  likeness  of  a  note  of  the  denomination  of 
five  dollars,  of  the  national-bank  currency  of  the  said  United 
States,  of  some  national  bank  to  the  said  grand  jurors  un- 
known,—  the  last-mentioned  photographs,  prints  and  impres- 
sions being  yet  in  the  possession  of  the  said  ; 

against,  etc. 

No.  97  (4). 

unlawfully  and  feloniously,  and  not  by  direction  of 

any  proper  officer  of  the  said  United  States,  did  print,  photo- 
graph and  make,  and  cause  to  be  printed,  photographed  and 
[§  5430,  R.  S.]     made,  and  aid  in  printing,  photographing  and 
making,  a  certain  photograph,  print  and  impression  in  the 
likeness  of  a  part  of  an  obligation  and  security  of  the  said 

U.  S.  v.  Wentworth,  11  F.  R  52,  56. 


CRIMES    AGAINST    OPERATIONS    OF    GOVERNMENT.  65 

United  States,  that  is  to  say,  in  the  likeness  of  the  back  of  a 
note  of  the  denomination  of  ten  dollars,  of  the  national-bank 
currency  of  the  said  United  States,  of  some  national  bank  to 
the  said  grand  jurors  unknown;  the  tenor  of  which  photo- 
graph, print  and  impression  last  aforesaid  is  as  follows,  to 
wit  —  [set  it  out] ;  against,  etc. 

Indictment,  on  Sec.  5431,  B.  S.,  for  keeping  in  possession 
and  uttering  and  passing  forged  and  altered  United- 
States  bonds. 

No.  98  (1). 

—  feloniously  did  keep  in  possession  three  falsely  forged 
obligations l  and  securities  of  the  said  United  [§  5431,  B.  S.] 
States,  each  of  the  tenor  following,  that  is  to  say :  [set  out  one 

forged  obligation  and  security] ;  — h —  the  said then 

and  there,  to  wit,  at  the  time  and  place  of  so  keeping  in  pos- 
session the  said  falsely  forged  obligations  and  securities  as 
aforesaid,  well  knowing  the  same  to  be  falsely  forged,  and  in- 
tending to  utter  and  pass  the  same,  and  thereby  to  defraud 
the  person  or  persons  into  whose  hands  the  same  should  come 
through  such  uttering  and  passing :  Against,  etc. 

No.  99  (2). 

with  intent  to  defraud  one ,  feloniously  did 

utter  and  pass  a  certain  falsely  forged  obliga-  [§  5431,  B.  S.] 
tion  and  security  of  the  said  United  States,  of  the  tenor  fol- 
lowing, that  is  to  say :  [set  it  out] ;  — h —  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so  uttering 
and  passing  the  last-mentioned  falsely  forged  obligation  and 
security  as  aforesaid,  well  knowing2  the  same  to  be  falsely 
forged;  against,  etc. 

No.  100  (3). 

with  intent  to  defraud  the  said ,  feloniously 

did  utter  and  pass  two  falsely  forged  and  al-  [§  5431,  B.  S.] 
tered  obligations  and  securities  of  the  said  United  States, 

!For  definition  of  the  words  "obligation  and  security  of  the  United 
States,"  see  Sec,  5413,  R  S. 

2  See  U.  S.  v.  Carll,  105  U.  S.  611.    See,  also,  No.  494,  note, 
5 


66  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

each  of  the  tenor  following,  that  is  to  say :  [set  one  out] ;  — h — 

the  said  -      -  then  and  there,  to  wit,  a.t  the  time  and 

place  of  so  uttering  and  passing  the  same  falsely  forged  and 
altered  obligations  and  securities  as  aforesaid,  well  knowing 
the  same  to  be  falsely  forged  and  altered:  Against,  etc. 

No.  101  (4). 

had  in  — h —  possession  three  falsely  altered  obligations 

and  securities  of  the  said  United  States,  that  is  to  say,  three 
bonds  which  before  that  time  had  been  emitted  by  the  said 
United  States,  and  when  so  emitted  were  each  for  the  payment 
of  one  hundred  dollars  and  interest  to  one  Donald  McKay,  and 
which  afterwards  had  been  falsely  altered  by  effacing  and 
obliterating  the  name  and  surname  of  the  said  Donald  McKay 
from  the  said  bonds  respectively ;  the  tenor  of  each  of  the 
said  bonds,  as  so  falsely  altered,  being  as  follows,  (except  that 
the  same  bear  respectively  the  numbers  107190,  107192,  and 
107193,)  that  is  to  say :  [set  out  a  bond,  without  name  of  payee} : 

And  that  the  said ,  so  having  in  — h —  possession 

the  falsely  altered  obligations  and  securities  last  aforesaid, 

on  the  said day  of ,  in  the  year  of  our  Lord  eighteen 

hundred  and ,  at •  aforesaid,  in  the  district  aforesaid, 

with  intent  to  defraud  one ,  feloniously  did  utter 

and  pass  the  same  falsely  altered  obligations  and  securities; 

[§  5431;  B.  S.]    — h —  the  said then  and  there  well 

knowing  the  same  to  be  falsely  altered ;  against,  etc. 


Indictment^  on  Sec.  5431 ,  R.  S..  for  nttering,  passing,  and 
attempting  to  pass,  forged  United-States  note  and  na- 
tional-bank note. 

No.  102  (1). 

with  intent  to  defraud  one2 ,  feloniously  did 

[§  5431,  B.  S.]  utter  and  pass,  and  attempt  to  pass,  a  cer- 
tain falsely  made  and  forged  obligation  and  security  of  the 
said  United  States;  the  tenor  of  which  said  falsely  made  and 
forged  obligation  and  security,  on  the  face  thereof,  is  as  fol- 
lows, to  wit  —  [set  out  the  face  of —  say  a  United-States  note'], 


2  See  No.  231.  not?*. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  67 

and  on  the  back  thereof  is  as  follows,  to  wit  —  [set  out  the  bade] ; 

— h —  the  said then  and  there,  to  wit,  at  the  time 

and  place  of  so  uttering,  passing  and  attempting  to  pass  the 
said  falsely  made  and  forged  obligation  and  security  as  afore- 
said, well  knowing  the  same  to  be  falsely  made  and  forged : 
against,  etc. 

No.  103  (2). 

with  intent  to  defraud  one  [or,  the  said] , 

feloniously  did  utter,  attempt  to  pass,  and  pass,  as  true  and 
genuine,  a  certain  other  falsely  made  and  [§  5431;  R.  S.] 
forged  obligation  and  security  of  the  said  United  States,  that 
is  to  say,  a  certain  falsely  made  and  forged  paper  writing  in 
imitation  of  and  purporting  to  be  a  note  of  the  national-bank 
currency  of  the  said  United  States ;  the  tenor  of  which  falsely 
made  and  forged  paper  writing  last  aforesaid,  on  the  face 
thereof,  is  as  follows,  to  wit  —  [set  out  face  of  national-bank 
note  as  in  No.  601,  and  °n  the  back  thereof  is  as  follows,  to 

wit  —  [set  out  the  back'] ;  — h —  the  said then  and  there, 

to  wit,  at  the  time  and  place  of  so  uttering,  attempting  to 
pass,  and  passing  the  last-mentioned  falsely  made  and  forged 
paper  writing  as  aforesaid,  well  knowing  the  same  to  be 
falsely  made  and  forged :  against,  etc. 


Indictment,  on  Sec.  5431,  B.  S.,  against  two  or  more  per- 
sons, for  keeping  in  possession  and  uttering,  etc., 
forged  United-States  silver-certificates,  and  a  United- 
States  note,  and  a  national-bank  note  made  of  frag- 
ments of  one-  and  twenty-dollar  notes. 

No.  104  (1). 

feloniousl}7  did  keep  in  their  possession,  with  intent  to 

defraud  some  person  or  persons  to  the  said  [§  5431,  R.  S.] 
grand  jurors  unknown,  one  hundred  falsely  made  and  forged 
obligations  and  securities  of  the  said  United  States,  that  is  to 
say,  one  hundred  falsely  made  and  forged  notes  in  the  like- 
ness of  and  purporting  to  be  notes  of  the  said  United  States, 
called  silver-certificates;  the  tenor  of  each  of  which  said 
falsely  made  and  forged  notes,  on  the  face  thereof,  is  as  fol- 


68  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

lows,  to  wit, ,  and  on  the  back  thereof  is  as  follows,  to 

wit, ,  they  the  said then  and  there,  to  wit,  at 

the  time  and  place  of  so  keeping  in  their  possession  the  said 
falsely  made  and  forged  notes  as  aforesaid,  well  knowing  the 
same  to  be  falsely  made  and  forged ;  against,  eta 

No.  105  (2). 

with  intent  to  defraud  one ,  feloniously  did 

[§  5431;  R.  S.]  utter  and  pass,  and  attempt  to  pass,  as  true 
and  genuine,  a  certain  other  falsely  made  and  forged  obligation 
and  security  of  the  said  United  States;  the  tenor  of  which 
falsely  made  and  forged  obligation  and  security  last  aforesaid^ 

on  the  face  thereof,  is  as  follows,  to  wit, ,  and  on  the 

back  thereof  is  as  follows,  to  wit  — , ,  they  the  said  - 

-  then  and  there,  to  wit,  at  the  time  and  place  of  so  utter- 
ing and  passing,  and  attempting  to  pass,  the  last-mentioned 
falsely  made  and  forged  obligation  and  security  as  aforesaid, 
well  knowing  the  same  to  be  falsely  made  and  forged ;  against, 
etc. 

No.  106  (3). 

-  with  intent  to  defraud  one ,  feloniously  did 

[§  5431^  R.  S.]  utter  and  pass,  and  attempt  to  pass,  a  cer- 
tain other  falsely  made  and  forged  obligation  and  security  of 
the  said  United  States,  that  is  to  say,  a  certain  forged  and 
counterfeit  note  in  imitation  of  and  purporting  to  be  a  note 
of  the  said  United  States  (called  a  United-States  note)  of  the 
denomination  of  -  -  dollars ;  the  tenor  of  which  falsely  made 
and  forged  obligation  and  security  last  aforesaid,  on  the  face 
thereof,  is  as  follows,  to  wit,—  — ,  and  on  the  back  thereof 

is  as  follows,  to  wit, ,  they  the  said then  and 

there,  to  wit,  at  the  time  and  place  of  so  uttering  and  passing 
the  last-mentioned  falsely  made  and  forged  obligation  and 
security  as  aforesaid,  well  knowing  the  same  to  be  falsely 
made  and  forged :  Against,  etc. 

No.  107  (4). 

with  intent  to  defraud  one ,  feloniously  did 

[§  5431,  R.  $.]     utter  and  pass  a  certain  falsely  made,  forged 


CRIMES  AGAINST  OPERATIONS  OF  GOVERNMENT.        69 

and  altered  obligation  and  security  of  the  said  United  States, 
that  is  to  say,  a  certain  paper  writing  falsely  made,  forged 
and  altered  by  attaching  and  fastening  together  a  certain 
fragment  of  a  certain  one-dollar  note  of  the  national-bank 
currency  of  the  said  United  States,  as  follows,  to  wit,  —  [set 
out  fragment],  and  a  certain  fragment  of  a  certain  twenty- 
dollar  note  of  the  national-bank  currency  of  the  said  United 

States,  as  follows,  to  wit, ,  and  by  falsely  forging  and 

placing  the  figures  20  in  and  upon  the  upper  left-hand  corner 
of  the  first-mentioned  fragment,  in  such  manner  as  to  form  a 
falsely  made,  forged  and  altered  paper  writing  in  resemblance 
of  an  obligation  and  security  of  the  said  United  States,  and  of 

the  tenor  following,  to  wit, ,  they  the  said then 

and  there,  to  wit,  at  the  time  and  place  of  so  uttering  and 
passing  the  same  falsely  made,  forged  and  altered  obligation 
and  security  as  aforesaid,  well  knowing  the  same  to  be  falsely 
made,  forged  and  altered :  Against,  etc. 

Indictment,  on  Sec.  5431,  R.  S.,  for  uttering  and  passing, 
and  uttering,  publishing  and  selling,  counterfeit  na- 
tional-bank notes;  and  for  keeping  in  possession  a 
forged  United-States  note. 

No.  108  (1). 

with  intent  to  defraud  one ,  feloniously  did 

utter  and  pass  a  certain  falsely  made  and  [§  5431,  R.  S.] 
forged  obligation  and  security  of  the  said  United  States;  the 
tenor  of  which  said  falsely  made  and  forged  obligation  and 

security,  on  the  face  thereof,  is  as  follows,  to  wit, ,  and 

on  the  back  thereof  is  as  follows,  to  wit, ,  — h—  the 

said then  and  there,  to  wit,  at  the  time  and  place 

of  so  uttering  and  passing  the  said  falsely  made  and  forged 
obligation  and  security,  well  knowing  the  same  to  be  falsely 
made  and  forged :  Against,  etc. 

No.  109  (2). 
with  intent  to  defraud  one ,  feloniously  did 


utter,  publish  and  sell  a  certain  falsely  made    [§  5431,  R.  S.] 
and  forged  note  of  the  national-bank  currency  of  the  said 


70  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

United  States,  that  is  to  say,  a  certain  forged  and  counterfeit 
note  purporting  to  be  issued  by  the  Trader^  National  Bank, 
of  Chicago,  a  banking  association  before  that  time  and  then 
authorized  and  acting,  and  doing  a  banking  business,  under  the 
laws  of  the  said  United  States;  the  tenor  of  which  forged 
and  counterfeit  note  last  aforesaid,  on  the  face  thereof,  is  as 

follows,  to  wit, ,  and  on  the  back  thereof  is  as  follows, 

to  wit, —  ,  — h —  the  said then  and  there,  to 

'  wit,  at  the  time  and  place  of  so  uttering,  publishing  and  sell- 
ing the  last-mentioned  forged  and  counterfeit  note  as  afore- 
said, well  knowing  the  same  to  be  forged  and  counterfeit : 
Against,  etc. 

No.  110  (3). 

feloniously  did  keep  in  possession  [or,  in  — h —  posses- 

[§  5431,  R.  S.]  sion]  a  certain  other  falsely  made  and  forged 
obligation  of  the  said  United  States,  with  intent  to  utter  and 
pass  [or,  utter,  publish  and  pass,  or,  utter,  publish  and  sell]  the 

same,  and  thereby  to  defraud  one [or,  some  person 

or  persons  to  the  said  grand  jurors  unknown];  the  tenor  of 
which  falsely  made  and  forged  obligation  last  aforesaid,  on 
the  face  thereof,  is  as  follows,  that  is  to  say, —  [set  out  the  face 
of  a  United-States  note'},  and  on  the  back  thereof  is  as  follows, 

that  is  to  say, ,  — h —  the  said then  and 

there,  to  wit,  at  the  time  and  place  of  so  keeping  in  posses- 
sion [or,  in  — h —  possession]  the  last-mentioned  falsely  made 
and  forged  obligation  as  aforesaid,  well  knowing  the  same  to 
be  falsely  made  and  forged :  Against,  etc. 


Indictment,  on  Sec.  4,  Act  of  May  16,  1884,  (1  Supp.  R.  S., 
2d  Ed.  429,)  for  uttering,  passing  and  tendering  in 
payment  forged  and  counterfeit  Bank  of  England  notes. 

No.  Ill  (1). 

with  intent  to  defraud  one ,  feloniously  did 

[Sec.  4,  Act  May  16, 1884 ;  1  Supp.  R.  S.,  2d  Ed.  429.]  utter 
and  pass  a  certain  false  and  forged  note  in  imitation  of  and  pur- 
porting to  be  a  bank-note,  for  the  sum  oi  fifty  pounds,  emitted 
by  the  Bank  of  England,  the  same  then  being  a  bank  of  a  for- 


CHIMES   AGAINST   OPEKATION8    OF   GOVEBNMENT.  71 

eign  country,  to  wit,  the  United  Kingdom  of  Great  Britain  and 
Ireland,  and  authorized  by  the  laws  of  that  country,  and  the 
genuine  notes  of  the  same  bank,  of  that  description,  being 
then  intended  by  the  law  and  usage  of  that  country  to  cir- 
culate as  money ;  the  tenor  of  which  said  false  and  forged  note 

is  as  follows,  to  wit, ;  — h —  the  said then  and 

there,  to  wit,  at  the  time  and  place  of  so  uttering  and  passing 
the  said  false  and  forged  note  as  aforesaid,  well  knowing  the 
same  to  be  false  and  forged ;  against,  etc. 

No.  112  (2). 

—  with  intent  to  defraud  one ,  feloniously  did 

utter    [Sec.  4,  Act  May  16, 1884 ;  1  Supp.  R.  S.,  2d  Ed.  429.] 

and  tender  in  payment,  as  true  and  genuine,  a  certain  other 
false  and  counterfeit  note  in  imitation  of  and  purporting  to 
be  a  bank-note,  for  the  sum  of  fifty  pounds,  emitted  by  the 
Dank  of  England,  the  same  then  being  a  bank  and  corporation 
of  a  foreign  country,  to  wit,  the  United  Kingdom  of  Great 
Britain  and  Ireland,  and  authorized  by  the  laws  of  that  country, 
and  the  genuine  notes  of  the  same  bank  and  corporation,  of 
that  description,  being  then  intended  by  the  law  and  usage  of 
that  country  to  circulate  as  money;  the  tenor  of  which  false 

and  counterfeit  note  last  aforesaid  is  as  follows,  to  wit, ; 

— h —  the  said then  and  there,  to  wit,  at  the  time 

and  place  of  so  uttering  and  tendering  in  payment  the  last- 
mentioned  false  and  counterfeit  note  as  aforesaid,  well  know- 
ing the  same  to  be  false  and  counterfeit :  against,  etc. 


Complaint,  on  Sec.  5431,  R.  S.,  for  uttering  and  passing  a 
counterfeit  national-bank  note. 

No.  113. 

with  intent  to  defraud  this  affiant,  feloniously  did  utter 

and  pass  a  certain  falsely  made  and  forged  [§  5431,  R.  S.] 
obligation  and  security  of  the  said  United  States,  that  is  to 
say,  a  certain  counterfeit  note  in  the  similitude  of  and  pur- 
porting to  be  a  note  of  the  Traders'  National  Bank,  of , 

of  the  denomination  of dollars ;  — he —  the  said 


72  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

then  and  there  well  knowing  the  said  falsely  made  and  forged 
obligation  and  security  to  be  falsely  made  and  forged ;  con- 
trary, etc. 


Complaint,  on  Sec.  5431;  It.  S.,  for  uttering  and  passing 
either  a  forged  national-bank  note,  or  a  United-States 
note,  or  a  note  of  the  United  States  called  a  silver-cer- 
tificate. 

No.  114. 

-  with  intent  to  defraud  one ,  feloniously  did 

[§  5431,  R.  S.]  utter  and  pass  as  true  a  certain  falsely  made 
and  forged  obligation  and  security  of  the  said  United  States, 
to  wit,  a  certain  falsely  made  and  forged  note  in  the  likeness 
of  and  purporting  to  be  a  note  of  the  {Merchant^  National 
Bank  of  New  York  City,  or,  said  United  States  (called  a  sil- 
ver-certificate, or,  a  United-States  note)]  of  the  denomination 

of  -    -  dollars ;  — h —  the  said then  and  there,  to 

wit,  at  the  time  and  place  of  so  uttering  and  passing  the  said 
falsely  made  and  forged  note,  well  knowing  the  same  to  be 
falsely  made  and  forged ;  contrary,  etc. 


Complaint,  on  Sec.  5431,  B.  S.,  for  attempting  to  pass  a 
forged  paper  in  resemblance  of  a  national-bank  note ; 
with  a  count  on  Sec.  5188,  R.  S.,  for  circulating  a  busi- 
ness-card in  the  likeness  of  a  national-bank  note. 

No.  115. 

-  with  intent  to  defraud  one ,  feloniously  did 

[§  5431,  R.  S.]  utter  and  attempt  to  pass  a  certain  falsely 
made  and  forged  paper  in  resemblance  of  an  obligation  and 
security  of  the  said  United  States,  that  is  to  say,  in  the  simil- 
itude of  a  note  of  the  denomination  of  ten  dollars  of  the  na- 
tional-bank currency  of  the  said  United  States ;  — h —  the 
said  -  -  then  and  there  well  knowing  the  said  falsely 
made  and  forged  paper  to  be  falsely  made  and  forged ;  and 
that  the  said then  and  there  unlawfully  did  utter, 


CRIMES    AGAINST   OPERATIONS    OF    GOVERNMENT.  73 

circulate  and  use1  a  certain  business-card,  [§  5188,  R.  S.] 
circular  and  advertisement  in  the  likeness  and  similitude  of  a 
circulating  note  of  a  banking-association  organized  under  the 
laws  of  the  said  United  States,  of  the  denomination  of  ten 
dollars;  contrary,  etc. 

Complaint,  on  Sec.  5431,  R.  S.,  for  keeping  in  possession 
forged  United-States  silver-certificates. 

No.  116. 

-  with  intent  to  defraud  some  person  or  persons  to  this 
affiant  unknown,  feloniously  did  keep  in  pos-  [§  5431,  R.  S.] 
session  divers  falsely  made  and  forged  obligations  and  securi- 
ties of  the  said  United  States,  that  is  to  say,  one  hundred 
falsely  made  and  forged  notes  in  resemblance  of  and  purport- 
ing to  be  notes  of  the  said  United  States  of  the  kind  called 
silver-certificates,  of  the  denomination  of dollars ;  — li- 
the said  then  and  there  well  knowing  the  said 

falsely  made  and  forged  notes  to  be  falsely  made  and  forged, 
and  intending  to  utter  and  pass  the  same  as  true  and  genuine ; 
contrary,  etc. 


Complaint,  on  Sec.  5431,  R.  S.,  for  keeping  in  possession, 
with  intent  to  defraud,  forged  national-bank  notes; 
with  a  count  for  uttering  and  passing  one  of  them 
with  intent  to  defraud  a  person  named. 

No.  117. 

feloniously  did  keep  in  — h —  possession,  with  intent 

to  defraud  some  person  or  persons  to  this  [§  5431,  R.  S.] 
affiant  unknown,  divers  falsely  made  and  forged  obligations 
and  securities  of  the  said  United  States,  that  is  to  say,  divers 
falsely  made  and  forged  notes  in  the  likeness  of  and  purport- 
ing to  be  notes  of  ths  Central  National  Bank  of  New  York 
city,  of  the  denomination  of dollars;  and  that  the  said 


1  As  to  indicting  for  penalties,  see  U.  S.  v.  Moore,  11  F.  R  248;  U.  S.  v. 
Craft,  43  Id.  374,  (citing  U.  S.  v.  Bougher,  6  McLean,  277 ;)  U.  S.  v.  Howard, 
17  F.  R  638;  U.  S.  v.  Laescki,  29  Id.  099. 


74  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

,  on  or  about  the  day  last  aforesaid,  at  the  said 

city  of  -  — ,  in  the  district  aforesaid,  feloniously  did  utter 
and  pass  a  like  falsely  made  and  forged  obligation  and 
[§  5431;  B.  S.]  security  of  the  said  United  States,  with  in- 
tent to  defraud  one ;  — h —  the  said  -  — ,  at 

the  time  of  so  keeping  in  possession  and  uttering  the  several 
falsely  made  and  forged  obligations  and  securities  aforesaid, 
well  knowing  the  same  to  be  falsely  made  and  forged:  con- 
trary, etc. 


Complaint^  on  Sec.  5431;  B.  8,;  for  keeping  in  possession, 
uttering  and  passing  forged  United-States  treasury- 
notes,  with  intent  to  defraud  persons  unknown. 

No.  118. 

—  with  intent  to  defraud  divers  persons  whose  names 
are  to  this  affiant  unknown,  feloniously  did  keep  in  possession, 
[§  5431,  B.  S.]  and  utter  and  pass,  divers  falsely  made  and 
forged  obligations  of  the  said  United  States,  that  is  to  say, 
divers  falsely  made  and  forged  notes,  in  the  similitude  of,  and 
purporting  to  be,  United-States  treasury-notes  of  the  denomi- 
nation of  —  -  dollars;  — h —  the  said then  and 

there  well  knowing  the  said  falsely  made  and  forged  obliga- 
tions to  be  falsely  made  and  forged ;  contrary,  etc. 


Indictment,  on  Sec.  5436,  B.  S.,  for  endeavoring  to  have 
money  due  from  the  United  States  paid  upon  a  check, 
by  virtue  of  a  forged  endorsement ;  and  for  endeavor- 
ing to  have  part  of  a  debt  and  pension,  due  from  the 
United  States,  paid  by  virtue  of  a  false  and  forged  au- 
thority and  instrument. 

No.  119  (1). 

present,  that  heretofore,  to  wit,  on  the  day  of 

-,  in  the  year  of  our  Lord  eighteen  hundred  and ,  cer- 


tain pension-money  being  due  from  the  said  United  States  to 
one  Lavinia  Richards,  formerly  Lavinia  McPheeters,  and 
payable  to  her  through  and  by  means  of  the  pension-agency 


CKIMES    AGAINST   OPERATIONS    OF   GOVERNMENT.  75 

of  the  said  United  States  at ,  in  the  state  of ,  a  cer- 
tain check  of  that  date  was  drawn  by  A B ,  then 

Pension- Agent  of  the  said  United  States  at aforesaid, 

upon  the  Assistant  Treasurer  of  the  said  United  States  at » 

in  the  state  of ,  for  the  payment  of  the  said  pension-money 

so  due,  to  wit,  the  sum  of  one  thousand  dollars,  to  the  order 
of  the  said  Lamnia  Richards,  formerly  Lavinia  McPheeters, 
in  the  same  check  styled  Laura  McPheeters:  And  that  the  said 

C D ,  afterwards,  to  wit,  on  the  day  of ,  in 

the  same  year  eighteen  hundred  and ,  (the  said  pension- 
money  still  being  due  as  aforesaid,)  at aforesaid,  in  the 

district  aforesaid,  having  in  h —  possession  the  said  check, 
whereon  was  then  and  there  written  a  certain  false  and  forged 
endorsement  of  the  same,  of  the  tenor  following,  to  wit, 
"  Laura  McPheeters"  unlawfully  did  fraudulently  endeavor 
to  have  the  said  pension-money  so  due  from  the  said  United 
States  received  and  paid  upon  the  same  check  [§  5436,  B.  S.] 
by  virtue  of  the  false  and  forged  endorsement  aforesaid ;  — h — 

the  said  O D then  and  there  well  knowing  the  same 

false  and  forged  endorsement  to  be  false  and  forged:  Against, 
etc. 

No.  120  (2). 
present,  thai  heretofore,  to  wit,  on  the  day  of 


,  in  the  year  of  our  Lord  eighteen  hundred  and  , 

certain  money,  to  wit,  the  sum  of  Jive  hundred  and  sixty-nine 
dollars  and  eighty-four  cents,  being  part  of  a  pension,  was  due 
from  the  said  United  States  to  one  Lavinia  Richards,  for- 
merly Lamnia  McPheeters,  and  payable  to  her  through  and  by 
means  of  the  pension-agency  of  the  said  United  States  at 

,  in  the  state  of ;  for  which  pension-money  so  due  as 

last  aforesaid  a  certain  check,  payable  to  the  order  of  Laura 
McPheeters,  had  before  that  time  been  drawn,  and  was  then 

in  the  possession  of  the  said  C D ,  the  tenor  whereof 

here  follows,  that  is  to  say, —  [set  out  the  check'],  on  the  back 
of  which  last-mentioned  check,  when  so  in  the  possession  of 

the  said  C D ,  was  written  a  certain  false  and  forged 

endorsement  and  signature,  of  the  tenor  following,  to  wit, 
"  Laura  McPheeters:  "  And  that  the  said  C —  -  D —  -  then 
and  there,  to  wit.  on  the  said day  of  -  — ,  in  the  year  of 


76  FORMS    ADAPTED    TO   CRIMINAL    CASES. 

our  Lord  eighteen  hundred  and ,  at aforesaid,  in  the 

district  aforesaid,  unlawfully  did  fraudulently  endeavor  to 
have  the  said  pension-money  so  due  from  the  said  United  States 
as  last  aforesaid  received  and  paid  by  virtue  of  the  last-men- 
tioned check  and  the  said  false  and  forged  endorsement  and 
signature  thereon  written  as  aforesaid ;  h —  the  said  C — 
D —  -  then  and  there  well  knowing  the  same  false  and  forged 
endorsement  and  signature  to  be  false  and  forged,  and  not 
being  in  any  wise  authorized  or  entitled  to  have  the  same  pen- 
sion-money, or  any  part  thereof,  received  by  or  paid  to  h — self 
or  any  other  person.  And  so  the  grand  jurors  aforesaid, 

upon  their  oath  aforesaid,  do  say,  that  the  said  C D , 

in  manner  and  form  in  this  count  aforesaid,  did  fraudulently 
endeavor  to  have  a  part  of  a  debt  and  pension  due  from  the 
[§  5436,  R.  S.]  said  United  States  received  and  paid  by  virtue 
of  a  false  and  forged  authority  and  instrument ;  against,  etc. 


Indictment,  on  Sec.  5438,  R.  S.,  for  making,  and  present- 
ing to  the  Commissioner  of  Pensions,  a  false  claim  for 
an  increase  of  pension; '  and  for  making  and  using  a 
false  affidavit,  for  the  purpose  of  obtaining  payment 
of  the  same  claim. 

No.  121  (1). 

-  being  then  in  receipt  of  an  invalid  pension  from  the 
said  United  States,  at  the  rate  of  eight  dollars  per  month,  did 
make  and  present,  and  cause  to  be  presented,  to  the  then 
Commissioner  of  Pensions2  of  the  said  United  States,  for  pay- 


1  That  Sec.  5438,  R  8.,  applies  to  false  pension  claims,  see  U.  &  v.  Goggin, 
3  F.  R.  492 ;  contra,  9  Crim.  L.  Mag.  707,  arguing  that  only  Sec.  4746,  R  S., 
;i|)|>lies  to  such  a  case. 

2  Name  of  person  holding  the  office  need  not  be  alleged.    U.  S.  v.  Ambrose, 
2  F.  R.  704 

It  was  held  by  Mr.  Justice  Field,  in  a  California  case,  (U.  S.  v.  Reichhert,  12 
Sawyer,  643 ;  32  F.  R  142,)  that  an  indictment  was  defective  which  charged 
the  defendants  with  presenting  a  false  claim  to  the  Surveyor-General,  with- 
out alleging  that  that  officer  was  authorized  to  allow  and  approve  the 
claim.  But  does  this  apply  in  a  case  where  the  law  gives  such  an  authority 
to  the  officer? 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  77 

ment  and  approval,3  a  certain  claim  in  writing  of  him  the 

said ,  upon  and  against  the  government  of  the  said 

United  States,  for  an  increase  of  the  said  pension ;  which  said 
claim  then  and  there  was  false,  fictitious  and  fraudulent,  in 

this,  that  in  and  by  the  same  the  said pretended 

and  alleged,  in  substance,  that  he  was  wounded,  while  in  the 
military  service  of  the  said  United  States,  and  in  the  line  of 
his  duty  in  that  service,  in  an  engagement  with  the  public 
enemy,  at  Clark's  Plantation,  in  Georgia,  about  the  sixteenth 
day  of  June,  in  the  year  eighteen  hundred  and  sixty-four,  by 
a  piece  of  shell,  in  the  left  hand  and  wrist,  and  that  thereby 
he  the  said ,  at  the  time  of  the  making  and  present- 
ing of  the  said  claim,  was  so  disabled  as  to  be  entitled  to  an 
increase  of  his  said  pension  to  the  rate  then  allowed  by  law 
'to  persons  who  had  lost  one  hand ;  whereas  in  truth  and  in 

fact  the  said was  not  wounded  while  in  the  military 

service  of  the  said  United  States,  and  in  the  line  of  his  duty 
in  that  service,  in  an  engagement  with  the  public  enemy,  at 
or  near  Clark's  Plantation,  in  Georgia,  about  the  sixteenth 
day  of  June,  in  the  year  eighteen  hundred  and  sixty-four,  by 
a  piece  of  shell,  in  the  left  hand  and  wrist,  and  he  the  said 

was  not,  at  the  time  of  the  making  and  presenting 

of  the  said  claim,  entitled  to  such  increase  of  pension,  or  to 
any  pension  whatever  from  the  said  United  States,  by  reason 
of  any  wound  received  by  him  in  the  military  service  of  the 
said  United  States,  and  in  the  line  of  his  duty  in  that  service; 

he  the  said ,  at  the  time  when  he  so  made,  presented 

and  caused  to  be  presented  the  said  claim,  well  knowing  the 
same  to  be  false,  fictitious  and  fraudulent  as  aforesaid.  And 
so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do 
say,  that  the  said ,  at  the  time  and  place  and  in  man- 
ner and  form  as  aforesaid,  did  make  and  [§  5438,  K.  S.] 
present,  and*  cause  to  be  presented,  to  an  officer  in  the  civil 
service  of  the  said  United  States,  for  payment  and  approval, 
a  false,  fictitious  and  fraudulent  claim  upon  and  against  the 

government  of  the  said  United  States,  he  the  said 

then  and  there  well  knowing  the  said  claim  to  be  false,  ficti- 
tious and  fraudulent ;  against,  etc. 

3  See  U.  S.  v.  Ambrose,  supra. 

<Not  double.     See  U.  S.  v.  Hull,  14  F.  R  324.     And  see  No.  6,  note  16. 


78  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

JSTo.  122  (2). 

—  being  then  and  there  a  pensioner  of  the  said  United 
States,  at  the  rate  of  eight  dollars  per  month,  and  then  and 
there  making  claim  upon  and  against  the  government  of  the 
said  United  States  for  an  increase  of  pension,  did  make,  and 
send  and  cause  to  be  sent  to  the  then  Commissioner  of  Pen- 
sions of  the  said  United  States,  for  the  purpose  of  obtaining 
and  aiding  to  obtain  the  approval  and  payment  of  the  same 
claim,  a  certain  affidavit  and  deposition1  in  writing  of  him  the 
said ,  as  follows,  to  wit :  [set  out  the  affidavit  accord- 
ing to  its  tenor] ;  Which  said  affidavit  and  deposition  was  and 
is  false,  and  an  affidavit  and  deposition  containing  fraudulent 
and  fictitious  statements,  in  this,  that  the  said  -  -  was 

not  wounded  in  an  engagement  with  the  enemy,  at  or  near 
Clark's  Plantation,  Georgia,  about  the  sixteenth  day  of  June, 
in  the  year  eighteen  hundred  and  sixty-four,  by  a  piece  of 
shell,  in  the  left  hand  and  wrist, —  and  in  this,  that  the  said 
-  was  never  disabled,  as  in  the  said  affidavit  and  depo- 
sition alleged,  by  reason  of  any  wound  received  by  him  while 
in  the  military  service  of  the  said  United  States,  and  in  the 
line  of  his  duty  in  that  service, —  and  in  this,  that  he  the  said 
—  was  never  entitled  to  any  pension  by  reason  of  any 
disability  incurred  by  him  while  in  the  military  service  of  the 
said  United  States,  and  in  the  line  of  his  duty  in  that  service; 

he  the  said ,  at  the  time  of  so  making,  sending  and 

causing  to  be  sent  the  said  affidavit  and  deposition,  well  know- 
ing the  same  to  be  false,  and  to  contain  fraudulent  and  ficti- 
tious statements,  as  aforesaid.  And  so  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  say,  that  the  said , 

at  the  time  and  place  and  in  manner  and  form  as  in  this  count 
aforesaid,  for  the  purpose  of  obtaining  and  aiding  to  obtain 
the  approval  and  payment  of  a  claim  upon  and  against  the 
government  of  the  said  United  States,  unlawfully  did  make 
and  use,  and  cause  to  be  used,  a  false  affidavit  and  deposition, 
[§  5438,  R.  S.]  knowing  the  same  to  contain  fraudulent  and 
fictitious  statements;  against,  etc. 

1  Not  double.    See  17.  S.  v.  Cortrin,  11  F.  R  23a    And  see  No.  6,  note  16. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  70 

Indictment,  on  Sec.  5438,  R.  S.,  for  making,  and  present- 
ing to  the  Commissioner  of  Pensions,  a  false  claim  for 
an  increase  of  pension. 

No.  123. 

being  then  in  receipt  of  an  invalid  pension  from  the 

said  United  States,  at  the  rate  of  four  dollars  per  month,  did 
make  and  present,  and  cause  to  be  presented,  to  the  then 
Commissioner  of  Pensions  of  the  said  United  States,  for  ap- 
proval and  payment,  a  certain  claim  in  writing  of  him  the 

said ,  upon  and  against  the  government  of  the  said 

United  States,  for  an  increase  of  the  said  pension;  which 
said  claim  then  and  there  was  false,  fictitious  and  fraudulent, 

in  this,  that  in  and  by  the  same  the  said pretended 

and  alleged,  in  substance,  that  he  incurred  scrotal  hernia  of 
the  left  side,  while  in  the  military  service  of  the  said  United 
States,  and  in  the  line  of  his  duty  in  that  service,  and  thereby 
became  disabled,  and  that  by  reason  of  an  increase  of  dis- 
ability from  the  same  cause  he  the  said believed 

himself  to  be  entitled  to  an  increase  of  the  said  pension; 

whereas  in  truth  and  in  fact  the  said did  not  incur 

scrotal  hernia  of  the  left  side,  or  of  either  side,  while  in  the 
military  service  of  the  said  United  States,  and  in  the  line  of 
his  duty  in  that  service,  and  was  not  disabled  by  reason  of 
any  hernia,  or  other  like  injury,  so  incurred,  and  he  the  said 
-  never  was  entitled  to  such  increase  of  pension,  or 
to  any  pension  whatever  from  the  said  United  States,  by  rea- 
son of  any  injury  received  by  him  in  the  military  service  of 
the  said  United  States,  and  in  the  line  of  his  duty  in  that 

service ;  he  the  said ,  at  the  time  when  he  so  made, 

presented  and  caused  to  be  presented  the  said  claim,  well 
knowing  the  same  to  be  false,  fictitious  and  fraudulent  as 
aforesaid.  And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  at  the  time  and 

place  and  in  manner  and  form  as  aforesaid,  did  make  and  pre 
sent,  and  cause  to  be  presented,  to  an  officer  in  the  civil  serv- 
ice of  the  United  States,  for  approval  and  [§  5438,  R.  S.] 
payment,  a  false,  fictitious  and  fraudulent  claim  upon  and 


80  FORMS   ADAPTED   TO    CRIMINAL   CASES. 

against  the  government  of  the  said  United  States,  he  the  said 

then  and  there  well  knowing  the  said  claim  to  be 

false,  fictitious  and  fraudulent ;  against,  etc.1 


Indictment,  on  Sec.  5438,  B.  S..  for  making  a  false  affida- 
vit, containing  fraudulent  and  fictitious  statements, 
for  the  purpose  of  aiding  to  obtain  the  approval  and 
payment  of  a  pension  claim. 

No.  124. 

present,  that  G E.  W ,  late  of  the  city  of ,  in 

the  said  district,  on  the day  of ,  in  the  year  of  our 

Lord  eighteen  hundred  and  ,  at  aforesaid,  in  the 

district  aforesaid,  for  the  purpose  of  aiding  to  obtain  the  ap- 
proval and  payment  of  a  certain  claim  upon  and  against  the 
government  of  the  said  United  States,  to  wit,  a  certain  claim 

of  one  W V for  invalid  military  pension,  under  the  laws 

of  the  said  United  States,  feloniously  did  make  a  certain  false 
affidavit  and  deposition,  of  the  tenor  following,  that  is  to  say : 

.     Which  said  affidavit  and  deposition  then  and  there,  to 

wit,  at  the  time  and  place  of  the  making  thereof  as  aforesaid, 
was  a  false  affidavit  and  deposition,  and  contained  statements 

fraudulent  and  fictitious,  in  this,  that  the  said  G E.  "W 

was  not  then  late  a  captain  in  Company  A  of  the  Thirteenth 
Regiment  of  Infantry  in  the  army  of  the  said  United  States, 
nor  was  he  ever  a  captain  in  that  company  or  regiment,  or  an 
officer  in  the  regular  army  of  the  said  United  States, —  and 

in  this,  that  the  said  G E.  "W-  —  did  not  then  know  the  said 

YV V to  have  been  a  private  soldier  in  Company  B 

of  the  Sixteenth  Regiment  of  United-States  Infantry,  in  the 
war  of  eighteen  hundred  and  sixty-one,  as  set  forth  in  the  said 
false  affidavit  and  deposition, —  and  in  this,  that  the  said 
G E.  "W ,  at  the  time  of  making  the  said  false  affida- 
vit and  deposition  as  aforesaid,  did  not  know  the  said  W— 

V to  have  incurred  disability,  or  to  have  been  wounded, 

while  in  the  military  service  of  the  said  United  States,  and  in 
the  line  of  his  duty,  on  or  about  the  first  day  of  September, 


1 A  count  may  be  added  similar  to  No.  122. 


CRIMES    AGAINST   OPERATIONS    OF   GOVERNMENT.  81 

in  the  year  eighteen  hundred  and  sixty-four,  at  Jonesboro,  in 
the  state  of  Georgia,  as  alleged  in  the  said  false  affidavit  and 

deposition, —  and  in  this,  that  the  said  G E.  "W- was 

not  present  at  any  time  in  battle,  about  the  day  and  year  and 

at  the  place  last  aforesaid,  when  the  said  W Y was 

wounded,  and  did  not  on  such  occasion  help  to  carry  the  said 
W Y from  the  battle-field,  as  in  the  said  false  affida- 
vit and  deposition  is  alleged ;  he  the  said  G E.  W ,  at 

the  time  of  so  making  the  said  false  affidavit  and  deposition, 

at aforesaid,  ia  the  district  aforesaid,  well  knowing  the 

same  to  be  false,  and  to  contain  fraudulent  and  fictitious  state- 
ments as  aforesaid,  and  well  knowing  those  fraudulent  and 
fictitious  statements  to  be  fraudulent  and  fictitious.  And  so 
the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say, 

that  the  said  G E.  "W" ,  in  manner  and  form  aforesaid, 

for  the  purpose  of  aiding  to  obtain  the  approval  and  payment 
of  a  certain  claim  upon  and  against  the  government  of  the 
said  United  States,  did  make  a  false  affidavit  and  deposition, 
knowing  the  same  to  contain  fraudulent  and  [§  5438,  B.  S.] 
fictitious  statements ;  against,  etc. 

Indictment,  on  Sec.  5438,  It.  S.,  against  widow  pensioner, 
for  making,  and  presenting  to  Commissioner  of  Pen- 
sions, a  false  claim  for  restoration  of  her  pension, 
after  having  been  dropped  from  the  rolls  for  remarry- 
ing; for  making,  and  presenting  to  a  pension-agent,  a 
false  claim  for  pension ;  and  for  making  and  nsing  a 
false  affidavit,  for  the  purpose  of  obtaining  payment 
of  the  last-mentioned  claim. 

Ko.  125  (1). 

present,  that  Elizabeth  C ,  otherwise  called  Eliza- 
beth B ,  late  of  the  city  of ,  in  the  said  district,  hereto- 
fore, to  wit,  on  the  twenty-fourth  day  of  October,  in  the  year 
of  our  Lord  eighteen  hundred  and  sixty-three,  became  a  pen- 
sioner of  the  said  United  States,  at  the  rate  of  eight  dollars  per 

month,  by  the  said  name  of  Elizabeth  B ,  as  the  widow  of 

one  John  B ,  deceased,  formerly  a,  private  soldier  in  Com** 

pany  C  of  the  Eighty-ninth  Regiment  of  Illinois  Volunteers,  in 
6 


82  FORMS   ADAPTED   TO   CRIMINAL   CA8E8. 

the  service  of  the  said  United  States;  and  that  the  said  Eliz- 
abeth C ,  otherwise  called  Elisabeth  B ,  afterward, 

to  wit,  on  the  fourth  day  of  September,  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-six,  (under  the  said  name  of 

Elizabeth  B ,)  was  dropped  from  the  rolls  of  pensioners 

of  the  said  United  States,  and  ceased  to  draw  or  receive  a 
pension  as  such  pensioner  as  aforesaid.  And  the  grand  ju- 
rors aforesaid,  upon  their  oath  aforesaid,  do  further l  present, 

that  the  said  Elizabeth   C ,   otherwise   called  Elizabeth 

B ,  afterwards,  to  wit,  on  the  twenty-eighth  day  of  Febru- 
ary, in  the  year  of  our  Lord  eighteen  hundred  and  seventy- 
seven,  in  the  city  and  district  aforesaid,  did  make  and  present, 
[§  5438,  R.  S.]  and  cause  to  be  made  and  presented,  for  ap- 
proval and  payment,  to  and  by  the  Commissioner  of  Pensions 
of  the  said  United  States,  a  certain  claim  upon  and  against 
the  government  of  the  said  United  States,  that  is  to  say,  a 

certain  claim  of  her  the  said  Elizabeth  C •,  otherwise  called 

Elizabeth  B ,  (under  the  said  name  of  Elizabeth  B ,)  to 

be  restored  to  the  said  rolls  of  pensioners  of  the  said  United 
States,  as  such  pensioner  as  aforesaid,  and  to  draw  and  re- 
ceive such  pension  from  the  time  she  was  so  dropped  from 
the  said  rolls  as  aforesaid ;  which  said  claim  then  and  there, 
at  the  time  it  was  so  made  and  presented,  was  false,  fictitious 
and  fraudulent,  in  this,  that  the  said  Elizabeth  C ,  other- 
wise called  Elizabeth  B ,  after  the  death  of  the  said  John 

B ,  and  after  she  so  became  such  pensioner  as  aforesaid, 

and  before  the  making  and  presenting  of  the  said  claim  as 

aforesaid,  had  intermarried  with   one  John  W.   C ,  and 

thereby  had  ceased  to  have  any  right  to  such  pension ;  she 

the  said  Elizabeth  C ,  otherwise  called  Elizabeth  B , 

at  the  time  of  the  making  and  presenting  of  the  said  claim 
as  aforesaid,  there  well  knowing  the  same  to  be  false,  ficti- 
tious and  iraudulent  as  aforesaid :  Against,  etc. 

No.  126  (2). 

further  present,  that  the  said  Elizabeth  C ,  other- 
wise called  Elizabeth  B ,  heretofore,  to  wit,  before  and  on 

the  twenty-third  day  of  July,  in  the  year  of  our  L6rd  eighteen 

i  See  No.  6,  note  14. 


CRIMES   AGAINST   OPERATIONS   OF    GOVERNMENT.  83 

hundred  and  seventy-seven,  under  the  said  name  of  Elizabeth 

B ,  was  a  pensioner  of  the  said  United  States  at  the  rate 

of  eight  dollars  per  month,  as  the  widow  of  one  John  B , 

deceased,  formerly  a  private  soldier  in  Company  C  of  the 
Eighty-ninth  Regiment  of  Illinois  Volunteers,  in  the  service  of 

ths  said  United  States;  and  that  the  said  Elizabeth  C , 

otherwise  called  Elizabeth  B ,  on  the  day  last  aforesaid, 

in  the  city  and  district  aforesaid,  did  make  and  present,  and 
cause  to  be  made  and  presented,  for  approval  [§  5438,  R.  S.] 

and  payment,  to  A C.  S ,  then  Pension- Agent  of  the 

said  United  States,  and  an  officer  in  the  civil  service  thereof, 

at aforesaid,  a  certain  other  claim  upon  and  against  the 

government  of  the  said  United  States,  that  is  to  say,  a  certain 
claim  of  her  the  said  Elizabeth  C ,  otherwise  called  Eliza- 
beth B ,  (under  the  said  name  of  Elizabeth  B ,)  for  one 

hundred  and  twenty-nine  months'  pension,  as  such  pensioner 
as  aforesaid,  from  the  fourth  day  of  September,  in  the  year  of 
our  Lord  eighteen  hundred  and  sixty-six,  to  the  fourth  day  of 
June,  in  the  year  of  our  Lord  eighteen  hundred  and  seventy- 
seven;  which  last-mentioned  claim  then  and  there,  at  the  time 
it  was  so  made  and  presented,  was  false,  fictitious  and  fraudu- 
lent, in  this,  that  the  said  Elzabeth  C ,  otherwise  called 

Elizabeth  B ,  after  the  death  of  the  said  John  B ,  and 

before  the  making  and  presenting  of  the  last-mentioned  claim 

as  aforesaid,  had  intermarried  with  one  John  W.  C ,  and 

thereby  had  ceased  to  have  any  right  to  such  pension;  she  the 

said  Elizabeth  C ,  otherwise  called  Elizabeth  B ~,  at  the 

time  of  the  making  and  presenting  of  the  last-mentioned  claim 
as  aforesaid,  there  well  knowing  the  same  to  be  false,  fictitious 
and  fraudulent  as  aforesaid :  Against,  etc. 

No.  127  (3). 

further  present,  that  the  said  Elizabeth  C ,  other- 
wise called  Elizabeth  B ,  heretofore,  to  wit,  before  and  on 

the  twenty-third  day  of  July,  in  the  year  of  our  Lord  eighteen 
hundred  and  seventy-seven,  under  the  said  name  of  Elizabeth 

B ,  was  a  pensioner  of  the  said  United  States,  at  the  rate 

,of  eight  dollars  per  month,  as  the  widow  of  John  B ,  de- 
ceased, formerly  a  soldier  in  the  military  service  of  the  said 


84  FORMS    ADAPTED   TO    CRIMINAL   CASES. 

United  States;  and  that  the  said  Elisabeth  C ,  otherwise 

called  Elizabeth  B ,  on  the  day  last  aforesaid,  in  the  city 

and  district  aforesaid,  did  make  and  present,  and  cause  to  be 

made  and  presented,  for  approval  and  payment,  to  A C. 

S ,  then  Pension-Agent  of  the  said  United  States,  and  in 

the  civil  service  thereof,  at  aforesaid,  a  certain  claim 

upon  and  against  the  government  of  the  said  United  States, 

that  is  to  say,  a  certain  claim  of  her  the  said  Elizabeth  C , 

otherwise  called  Elisabeth  B .  (under  the  said  name  of 

Elizabeth  B ,)  for  one  hundred  and  twenty-nine  months' 

pension,  as  such  pensioner  as  aforesaid,  from  the  fourth  day 
of  September,  in  the  year  of  our  Lord  eighteen  hundred  and 
sixty-six,  to  the  fourth  day  of  June,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-seven.  And  the  grand  jurors 
aforesaid,  upon  their  oath  aforesaid,  do  further  present,  that 

the  said  Elizabeth  C ,  otherwise  called  Elizabeth  B , 

on  the  said  twenty-third  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-seven)  in  the  city  and  district 
aforesaid,  for  the  purpose  of  obtaining  the  approval  and  pay- 
ment of  the  claim  last  aforesaid,  did  make  and  use,  and  cause 
[§  5438,  R.  S.]  to  be  used,  a  certain  false  affidavit  of  her  the 

said  Elizabeth  C ,  otherwise  called  Elizabeth  B ,  (under 

the  said  name  of  Elizabeth  B ,)  containing,  amongst  other 

things,  a  fraudulent  and  fictitious  statement  to  the  effect  that 

she   the  said   Elizabeth    C ,   otherwise    called   Elizabeth 

B ,  was  then  the  widow  of  the  said  John  B ,  deceased, 

and  a  further  fraudulent  and  fictitious  statement  to  the  effect 

that  she  the  said  Elizabeth  C ,  otherwise  called  Elizabeth 

B ,  had  not  intermarried  since  the  death  of  the  said  John 

B ;  whereas  in  truth  the  said  Elizabeth  C ,  otherwise 

called  Elizabeth  B ,  at  the  time  of  the  making  and  using 

of  the  said  false  affidavit  as  aforesaid,  was  not  the  widow  of 

the  said  John  B ,  deceased,  and  had  intermarried  with  one 

John  W.  C since  the  death  of  the  said  John  B ;  she 

the  said  Elizabeth  C ,  otherwise  called  Elizabeth  B ,  at 

the  time  of  the  making  and  using  of  the  said  false  affidavit  as 
aforesaid,  there  well  knowing  the  same  to  contain  the  fraud- 
ulent and  fictitious  statements  aforesaid:  Against,' etc. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  85 

Indictment,  on  Sec.  5438,  R.  S.,  against  pensioner  as  widow 
of  soldier,  for  making  and  presenting  to  pension-agent, 
for  approval  and  payment,  false  claims  for  instalments 
of  pension,  after  having  remarried. 

No.  128  (1). 

present,  that  Dora  Bowen,  late  of  the  city  of  ,  in 

the  said  district,  before  the  several  times  of  the  committing 
of  the  several  offenses  hereinafter  mentioned,  to  wit,  on  the 

—  day  of  ,  in  the  year  of  our  Lord  eighteen  hundred 

and  sixty-four,  by  and  under  the  name  and  surname  of  Dora 
Dimond,  became  a  pensioner  of  the  said  United  States,  under 
the  laws  thereof  concerning  pensions,  at  the  rate  of  eight 
dollars  a  month,  during  her  widowhood,  as  the  widow  of  one 
William  Dimond,  before  then  deceased,  late  a  private  soldier 
of  Company  F  of  the  Fifth  Regiment  of  New-  York  Volunteer 
Artillery,  in  the  service  of  the  said  United  States.  And  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  further 
present,1  that  the  said  Dora  Bowen,  so  having  become  such 
pensioner,  afterwards,  to  wit,  on  the  sixth  day  of  June,  in 

the  year  of  our  Lord  eighteen  hundred  and  eighty-five,  at 

aforesaid,  in  the  district  aforesaid,  did  make  and  present  to 

A C.  S ,  then  Pension-Agent  of  the  [§  5438,  R.  S.] 

said  United  States  at aforesaid,  for  approval  and  pay- 
ment, a  certain  claim  of  her  the  said  Dora  Bowen  (under  the 
said  name  and  surname  of  Dora  Dimond)  upon  and  against 
the  government  of  the  said  United  States,  for  three  months' 
pension,  as  such  pensioner  as  aforesaid,  from  the  fourth  day 
of  March,  in  the  same  year  eighteen  hundred  and  eighty -five, 
to  the  fourth  day  of  June,  in  that  year;  which  said  claim,  at 
the  time  when  the  same  was  so  made  and  presented  as  afore- 
said, was  there  a  false,  fictitious  and  fraudulent  claim,  in  this, 
that  before  the  making  and  presenting  of  the  same  as  afore- 
said, and  before  the  beginning  of  the  said  period  of  three 
months,  the  said  Dora  had  remarried,  (after  the  death  of  the 
said  William  Dimond?)  by  intermarrying  with  one  Patrick 
Bowen,  and  thereby  the  right  of  the  said  Dora  to  such  pen- 

1  See  No.  6,  note  14. 


86  FORMS    ADAPTED   TO   CRIMINAL    CASES. 

sion  as  aforesaid  had  ceased  and  been  determined ;  she  the 
said  Dora  Bowen,  at  the  time  of  so  making  and  presenting 
the  said  claim,  there  well  knowing  the  same  to  be  false,  fic- 
titious and  fraudulent,  and  intending  thereby  to  defraud  the 
said  United  States;  against,  etc. 

No.  129  (2). 

further  present,  that  the  said  Dora  Bowen,  so  having 

become  such  pensioner,1  afterwards,  to  wit,  on  the  ninth  day 
of  September,  in  the  year  of  our  Lord  eighteen  hundred  and 

eighty-five,  at aforesaid,  in  the  district  aforesaid,  did  make 

[§  54:38,  R.  S.]  and  present  to  A C.  S ,  then  Pension- 
Agent  of  the  said  United  States  at aforesaid,  for  ap- 
proval and  payment,  a  certain  other  claim  of  her  the  said 
Dora  Bowen  (under  the  name  and  surname  of  Dora  Dimond], 
upon  and  against  the  government  of  the  said  United  States, 
for  other  three  months'  pension,  as  such  pensioner  as  afore- 
said, from  the  fourth  day  of  June,  in  the  same  year  eighteen 
hundred  and  eighty-five,  to  the  fourth  day  of  September,  in  that 
year;  which  claim  last  aforesaid,  at  the  time  when  the  same 
was  so  made  and  presented  as  aforesaid,  was  there  a  false, 
fictitious  and  fraudulent  claim,  in  this,  that  before  the  making 
and  presenting  of  the  same  as  aforesaid,  and  before  the  begin- 
ning of  the  last-mentioned  period  of  three  months,  the  said 
Dora  had  remarried,  (after  the  death  of  the  said  William  Di- 
mond,)  by  intermarrying  with  one  Patrick  Bowen,  and  thereby 
her  right  to  such  pension  as  aforesaid  had  ceased  and  been 
determined ;  she  the  said  Dora  Bowen,  at  the  time  of  so  mak- 
ing and  presenting  the  last-mentioned  claim,  there  well  know- 
ing the  same  to  be  false,  fictitious  and  fraudulent  as  aforesaid, 
and  intending  thereby  to  defraud  the  said  United  States; 
against,  etc. 

i  See  No.  437,  note  4. 


CRIMES   AGAINST   OPERATIONS   OF    GOVERNMENT.  87 

Indictment,,  on  Sec.  5438,,  R.  S.,  (and  on  Sec.  4746,  R.  S.,) 
for  causing  and  procuring  to  be  made,  and  for  present- 
ing and  using,  a  false  affidavit  in  support  of  a  pension- 
claim  on  behalf  of  a  minor. 

No.  130. 

present,  that  Emily  J.  R ,  late  of  the  county  of 

,  in  the  said  district,  before  the  committing  of  the  offense 

hereinafter  mentioned,  had  made  and  presented  to  the  Com- 
missioner of  Pensions  of  the  said  United  States  for  the  time 
being  a  certain  claim  in  writing  of  her  the  said  Emily  J. 

R for  a  pension  from  the  said  United  States,  under  the 

laws  thereof  concerning  pensions  for  children  under  the  age 

of  sixteen  years;  the  said  Emily  J.  R in  and  by  her  said 

claim  alleging  herself  to  be  the  legal  guardian  of  one  Ina 

Victoria  C ,  and  alleging  the  said  Ina  Victoria  C to 

be  the  only  surviving  legitimate  child  of  one  Lyman  C , 

and  under  the  age  of  sixteen  years,  and  alleging  the  said  Ly- 
man C to  have  enlisted  in  Company  D  of  the  Eighth  Reg- 
iment of  Michigan  Cavalry,  in  the  war  of  eighteen  hundred 
and  sixty-one,  and  to  have  died  of  wounds  received  and  dis- 
ease contracted  in  that  service.  And  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  further  present,  that  the 

said  Emily  J.  R ,  afterwards,  to  wit,  on  the day  of 

,  in  the  year  of  our  Lord  eighteen  hundred  and , 

within  the  county  and  district  aforesaid,  for  the  purpose  of 
obtaining  and  aiding  to  obtain  the  approval  and  payment  of 
the  said  claim,  did  knowingly  and  wilfully  cause  and  procure 
to  be  made,  and  present  and  cause  to  be  presented  to  the  then 
Commissioner  of  Pensions  of  the  said  United  States,  a  certain 

affidavit  and  deposition  in  writing  of  one  Daniel  B.  G , 

concerning  the  same  claim,  and  referring  to  Lyman  C be- 
fore mentioned,  and  of  the  tenor  following,  to  wit : 

STATE  OF  INDIANA   \ 

S County  ss.      f     In  the  matter  of  claim  for  Invalid  pension   of 

Lymaii  C late  of  Co.  D,  8"  Michigan  Cavalry,  comes  Dr.  Daniel  B. 

G a  reputable  physician  of  said  county  and  State  and  upon  his  oath 

declares  in  relation  to  said  matters  as  follows :  he  has  been  a  practising  phy- 
sician for  45  years  and  knew  Lyman  C ,  who  enlisted  in  Co.  D  8  Mich. 


83  FORMS    ADAPTED   TO    CRIMINAL   CASES. 

Cavelry  I  do  not  remember  the  date  of  his  entering  the  army  he  came 
home  the  25th  day  of  August  1865  and  died  the  15th  of  October  I  knew 
him  some  time  before  he  enlisted  and  he  was  a  hale  healthy  man,  when  he 
came  home  he  was  suffering  from  Gun  shot  wound  in  the  hip  and  with 
chronic  Diorhea  and  was  very  much  immatiaated  I  was  called  to  see  him  and 
done  all  I  could  for  him  until  his  death,  and  I  have  no  interest  in  and  am 
not  concerned  in  the  prosecution  of  this  claim. 

DANIEL  B.  G M.  D. 

Subscribed  and  aworn  to  before  me  this  5"  day  of  July  1882  and  I  cer- 
tify that  I  am  not  concerned  in  the  prosecution  of  this  claim. 

[L.  S.]  ORVILLE  G  — ,  Clerk 

S Circuit  Court — : 

Which  said  affidavit  was  and  is  false,  and  an  affidavit  and  dep- 
osition containing  fraudulent  and  fictitious  statements,  in 

this,  that  the  said  Lyman  C did  not  die  on  or  about  the 

fifteenth  day  of  October,  in  the  year  eighteen  hundred  and 
sixty-five,  as  in  the  said  affidavit  and  deposition  alleged,  but 

was  still  living  at  the  time  when  the  said  Emily  J.  R so 

caused  and  procured  to  be  made,  and  presented  and  caused  to 
be  presented,  the  said  affidavit  and  deposition  as  aforesaid ; 
she  the  said  Emily  J.  R then  well  knowing  the  said  affi- 
davit and  deposition  to  contain  the  fraudulent  and  fictitious 
statements  as  aforesaid  concerning  the  death  of  the  said  Ly- 
man C ,  and  well  knowing  those  statements  to  be  fictitious 

and  fraudulent,  and  well  knowing  the  said  Lyman  to  be  then 
still  living,  and  well  knowing  the  said  affidavit  and  deposition 
to  be  false  as  aforesaid.  And  so  the  grand  jurors  aforesaid, 
upon  their  oath  aforesaid,  do  say,  that  the  said  Emily  J. 

R ,  at  the  time  and  place  and  in  manner  and  form  as 

aforesaid,  for  the  purpose  of  obtaining  and  aiding  to  obtain 
the  approval  and  payment  of  a  claim  upon  and  against  the 
government  of  the  said  United  States  for  a  pension,  unlaw- 
[§  5438,  R.  S.  (and  §  4746,  R.  S.)]  fully  did  knowingly  cause 
and  procure  to  be  made,  and  present  and  use,  and  cause  to  be 
presented  and  used,  a  false  affidavit  and  deposition,  knowing 
the  same  to  contain  fraudulent  and  fictitious  statements; 
against,  etc. 


CBIMES   AGAINST   OPERATIONS   OF  GOVERNMENT.  89 


Indictment,  on  Sec.  5438,  R.  S.,  against  the  gnardian  of  a 
minor  pensioner,  for  making  and  presenting  to  a  pen- 
sion-agent a  claim  for  an  installment  of  pension  for  a 
period  subsequent  to  the  pensioner's  death;  and  for 
making  and  nsing  a  false  affidavit,  for  the  purpose  of 
obtaining  payment  of  the  same  claim. 

No.  131  (1). 

present,  that  one  Elisha  S.  Clark,  heretofore,  to  wit, 

on  the  seventh  day  of  July,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-eight,  became  a  pensioner  of  the  said  United 
States,  at  the  rate  of  eight  dollars  per  month,  commencing  on 
the  twenty-first  day  of  October,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-four,  with  two  dollars  per  month  additional 
from  the  twenty-fifth  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  sixty-six,  as  the  minor  child,  under  the 
age  of  sixteen  years,  of  one  Elisha  C.  Clark,  deceased,  for- 
merly a  musician  in  Company  C  of  the  Eighty-eighth  Regiment 
of  Illinois  Volunteers,  m  the  service  of  the  said  United  States; 
which  said  pension  was  to  continue  until  the  said  Elisha  S. 
Clark  should  arrive  at  the  age  of  sixteen  years,  to  wit,  until 
the  ninth  day  of  June,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  seventy-eight:  And  that  C A.  G ,  late  of  the 

city  of ,  in  the  said  district,  on  the  fifth  day  of  December, 

in  the  year  of  our  Lord  eighteen  hundred  and  seventy-seven, 
in  the  city  and  district  aforesaid,  did  make  and  present,  and 
cause  to  be  made  and  presented,  for  payment  and  approval, 

to  A—   -  C.  S ,  then  Pension-Agent  of     [§  5438,  R.  S.] 

the  said  United  States  at aforesaid,  a  certain  claim  upon 

and  against  the  government  of  the  said  United  States,  that  is  to 
say,  a  certain  claim  of  h —  the  said  C A.  G ,  as  guard- 
ian of  the  said  minor  Elisha  S.  Clark,  to  three  months'  pension 
for  the  said  Elisha  S.  Clark,  as  such  pensioner  as  aforesaid, 
from  the  fourth  day  of  September,  in  the  year  eighteen  hun- 
dred and  seventy-seven,  to  the  fourth  day  of  December,  in  the 
same  year;  which  said  claim,  at  the  time  when  it  was  so  made 
and  presented  as  aforesaid,  was  false,  fictitious  and  fraudulent, 
in  this,  that  the  said  Elisha  S.  Clark,  before  the  making  and 


90  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

presenting  of  the  said  claim  as  aforesaid,  and  before  the  said 
fourth  day  of  September,  in  the  year  of  our  Lord  eighteen 
hundred  and  seventy-seven,  to  wit,  on  the  thirtieth  day  of  Sep- 
tember, in  the  year  of  our  Lord  eighteen  hundred  and  seventy- 
five,  departed  this  life,  and  thereby  the  said  pension  then 

ceased  and  was  determined  ;  — h —  the  said  C A.  G > 

at  the  time  when  — h —  so  made  and  presented,  and  caused  to 
be  made  and  presented,  the  said  claim,  there  well  knowirg 
the  same  to  be  false,  fictitious  and  fraudulent  as  aforesaid : 
Against,  etc. 

No.  132  (2). 

further  present,  that  heretofore,  to  wit,  on  the  seventh 

day  of  July,  in  the  year  of  our  Lord  eighteen  hundred  and 
sixty-eight,  the  said  Elisha  S.  Clark  became  a  pensioner  of 
the  said  United  States,  at  the  rate  of  eight  dollars  per  month, 
commencing  on  the  twenty-first  day  of  October,  in  the  year  of 
our  Lord  eighteen  hundred  and  sixty-four,  with  two  dollars 
per  month  additional  from  the  twenty-fifth  day  of  July,  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-six,  as  the  minor 
child,  under  the  age  of  sixteen  years,  of  one  Elisha  C.  Clark, 
deceased,  formerly  a  musician  in  the  military  service  of  the  said 
Un-ited  States;  which  pension  was  to  continue  until  the  said 
Elisha  S.  Clark  should  arrive  at  the  age  of  sixteen  years,  to 
wit,  until  the  ninth  day  of  June,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-eight:  And  that  the  said  C— 

A.  G ,  on  i\iQ  fifth  day  of  December,  in  the  year  of  our  Lord 

eighteen  hundred  and  seventy-seven,  at aforesaid,  in  the  dis- 
trict aforesaid, did  make  and  present,  for  payment  and  approval, 

to  A—  -  C.  S ,  then  Pension- Agent  of  the  said  United 

States,  and  in  the  civil  service  thereof,  at  aforesaid,  a 

certain  claim  upon  and  against  the  government  of  the  said 
United  States,  that  is  to  say,  a  certain  claim  of  h —  the  said 

C—  -  A.  G ,  as  guardian  of  the  said  minor  Elisha  S. 

Clark,  to  three  months'  pension  for  the  said  Elisha  S.  Clark, 
as  such  pensioner  as  last  aforesaid,  from  the  fourth  day  of 
September  to  the  fourth  day  of  December,  in  the  same  year 
eighteen  hundred  and  seventy-seven.  And  the  grand  jurors 
aforesaid,  upon  their  oath  aforesaid,  do  further  present,  that 
the  said  C A.  G ,  on  the  said  fifth  day  of  December, 


CRIMES    AGAINST   OPERATIONS    OF   GOVERNMENT.  91 

in  the  year  of  our  Lord  eighteen  hundred  and  seventy-seven, 
in  the  city  and  district  aforesaid,  for  the  purpose  of  obtaining 
the  approval  and  payment  of  the  claim  last  aforesaid,  unlaw- 
fully did  make  and  use  a  certain  false  affidavit  [§  5438,  R.  S.] 

of  h —  the  said  C A.  G ,  containing,  amongst  other 

things,  a  fraudulent  and  fictitious  statement  to  the  effect  that 
the  said  JEliska  S.  Clark  was  then  still  living;  whereas  in 
truth  and  in  fact  the  said  Elisha  S.  Clark,  at  the  time  of  the 
making  and  using  of  the  said  false  affidavit  as  aforesaid,  was 
not  living,  but  had  died  long  before  that  time,  and  before  the 
WB&A.  fourth  day  of  September,  in  the  year  of  our  Lord  eighteen 

hundred  and  seventy-seven;  — h —  the  said  C A.  G ,  at 

the  time  of  so  making  and  using  the  said  false  affidavit,  there 
well  knowing  the  same  to  contain  the  fraudulent  and  ficti- 
tious statement  aforesaid,  and  well  knowing  that  statement 
to  be  fraudulent  and  fictitious :  Against,  etc. 


Indictment,  on  Sec.  5438,  E.  S.,  for  making  and  using  a 
false  affidavit,  for  the  purpose  of  aiding  a  minor  pen- 
sioner's guardian  to  obtain  payment  of  the  pension  for 
a  period  subsequent  to  the  pensioner's  death. 

No.  133. 

present,  that  one  Elisha  8.  Clark,  heretofore,  to  wit, 

on  the  seventh  day  of  July,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-eight,  became  a  pensioner  of  the  said  United 
States,  at  the  rate  of  eight  dollars  per  month,  commencing  on 
the  twenty-first  day  of  October,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-four,  with  two  dollars  per  month  additional 
from  the  twenty-fifth  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  sixty-six,  as  the  minor  child,  under  the 
age  of  sixteen  years,  of  one  Elisha  C.  Clark,  deceased,  late  an 
enlisted  man  in  the  military  service  of  the  said  United  States ; 
which  said  pension  was  to  continue  until  the  said  Elisha  S. 
Clark  should  arrive  at  the  age  of  sixteen  years,  to  wit,  until 
the  ninth  day  of  June,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  seventy-eight:  And  that  one  C A.  G ,  on  the 

fifth  day  of  DeceirJjer,  in  the  year  of  our  Lord  eighteen  hun- 


92  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

dred  and  seventy-seven,  at  the  city  of ,  in  the  district  afore- 
said, did  make  and  present,  for  payment  and  approval,  to 

A C.  S ,  then  Pension-Agent  of  the  said  United  States, 

and  as  such  an  officer  in  the  civil  service  thereof,  at afore- 
said, a  certain  claim  upon  and  against  the  government  of  the 
said  United  States,  that  is  to  say,  a  certain  claim  of  h —  the 

said  C A.  G ,  as  guardian  of  the  said  minor  Elisha  S. 

Clark,  to  three  months'  pension  for  the  said  Elisha  S.  Clark,  as 
such  pensioner  as  aforesaid,  from  the  fourth  day  of  September, 
in  the  said  year  eighteen  hundred  and  seventy-seven,  to  the 
fourth  day  of  December,  in  the  same  year.  And  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  further  present, 

that  A N and  S J.  N ,  late  of aforesaid, 

on  the  said  fifth  day  of  December,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-seven,  in  the  city  and  district 
[§  5438,  R.  S.]  aforesaid,  for  the  purpose  of  aiding  the  said 

C A.  G to  obtain  the  payment  and  approval  of  the 

said  claim,  unlawfully  did  make  and  use,  and  cause  to  be  used, 

a  certain  false  affidavit  of  them  the  said  A N—    -  and 

S J.  N ,  containing,  amongst  other  things,  a  fraudu- 
lent and  fictitious  statement  to  the  effect  that  the  said  Elisha 
S.  Clark  was  then  still  living ;  whereas  in  truth  and  in  fact 
the  said  Elisha  S.  Clark,  at  the  time  of  the  making  and  using 
of  the  said  false  affidavit  as  aforesaid,  was  not  living,  but  had 
died  long  before  that  time,  and  before  the  said  fourth  day  of 
September,  in  the  year  of  our  Lord  eighteen  hundred  and 

seventy-seven;  they  the  said  A N and  S J.  N , 

at  the  time  of  so  making  and  using,  and  causing  to  be  used, 
the  said  false  affidavit,  there  well  knowing  the  same  to  con- 
tain the  fraudulent  and  fictitious  statement  aforesaid,  and 
well  knowing  that  statement  to  be  fraudulent  and  fictitious: 
Against,  etc. 


CRIMES   AGAINST   OPERATIONS    OF   GOVERNMENT.  93 

Indictment,  on  Sec.  5439,  R.  S.,  for  stealing  property  of 
the  United  States,  furnished  and  to  be  used  for  the 
military  service;  with  counts  on  Sec.  5456,  R.  S.,  for 
taking  and  carrying  away  personal  property  of  the 
United  States. 

No.  134  (1). 

a  quantity  of  copper  cartridge-shells,  to  wit,  

pounds  of  copper  cartridge-shells,  of  the  value  of dollars, 

then  and  there  being  the  goods  and  property  of  the  said 
United  States,  and  furnished  and  to  be  used  for  the  military 
service  thereof,  feloniously  did  steal,  take  and  carry  away ; 
against,  etc.  [§  5439,  R.  S.] 

No.  135  (2). 

five  thousand  metal  cartridge-shells,  each  of  the  value 

of  one  cent,  then  and  [etc.  as  in  No.  134.]        [§  5439,  R.  S.] 

No.  136  (3). 

five  thousand  metal  cartridge-cases,  each  of  the  value 

of  one  cent,  of  the  goods  and  property  of  the  said  United 
States  then  and  there  being,  and  then  and  there  furnished  and 
to  be  used  for  the  military  service  of  the  said  United  States, 
feloniously  did  steal,  take  and  carry  away;  [§  5439,  R.  S.] 
against,  etc. 

No.  137  (4). 


five  thousand  metal  cartridge-cases,  each  of  the  value 

of  one  cent,  of  the  goods  and  personal  property  of  the  said 
United  States  then  and  there  being,  feloniously  did  steal,  take 
and  carry  away;  against,  etc.  [§  5456,  R,  S.] 

No.  138  (5). 

a  quantity  of  copper,  to  wit, pounds  of  copper,  of 

the  value  of dollars,  of  the  goods  and  personal  property 

of  the  said  United  States  then  and  there  being,  feloniously 
did  steal,  take  and  carry  away ;  against,  etc.  [§  5456,  R.  S.] 


94  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  5440,  B.  S.,  (1  Snpp.  B.  S.,  2d  Ed.  264,) 
for  conspiring  to  defraud  the  United  States  by  manu- 
facturing and  disposing  of  distilled  spirits  without 
paying  the  tax. 

No.  139. 
present,  that  P K ,  «T 


T and  D F.  D ,  late  of  the  city  of 

said  district,  on  the  day  of  ,  in  the  j-ear  of  our 

Lord  eighteen  hundred  and ,  at aforesaid,  in  the  dis- 
trict aforesaid,  unlawfully  did  conspire  together,  and  with 
divers  other  persons  to  the  said  grand  jurors  unknown,  to 
[§  5440,  B.  S.]  engage  in  and  carry  on  the  business  of  a  dis- 
tiller, and  to  manufacture  distilled  spirits,  and  to  remove,  sell 
and  dispose  of  the  distilled  spirits  which  should  be  so  manu- 
factured, without  payment  of  the  internal-revenue  tax  thereon, 
and  thereby 1  to  defraud  the  said  United  States  of  the  said  tax 
on  the  same  distilled  spirits ;  and  that  to  effect  the  object  of 

the  said  conspiracy,  the  said  P K ,  J T ,  S 

R.  T and  D F.  D did  then  and  there  procure,  and 

store  and  conceal  in  a  certain  building  there  situate,  a  certain 
still  and  distilling-apparatus  for  the  producing  of  distilled 
spirits;  and  that  further  to  effect  the  object  of  the  said  con- 
spiracy, the  said  P K ,  J-  -  T ,  S R  T— 

and  D F.  D did  then  and  there  conceal  and  keep,  in 

a  certain  other  building  there  situate,  a  certain  mash  fit  for 
distillation  and  for  the  production  of  distilled  spirits :  Against, 
etc. 

1  The  means  by  which  the  fraud  is  to  be  consummated  need  not  be  set 
forth.     U.  S.  v.  Gordon,  22  F.  R  250. 


CRIMES    AGAINST   OPERATIONS   OF   GOVERNMENT.  95 

Indictment,  on  Sec.  5440,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.  264,) 
for  conspiring  to  defraud  the  United  States,  by  remov- 
ing distilled  spirits  from  a  distillery  to  a  place  other 
than  the  distillery-warehouse,  without  paying  tax ; 
with  a  count  on  Sec.  3296,  R.  S.,  for  aiding  and  abet- 
ting some  unknown  person  in  so  removing  the  same 

spirits. 

No.  140  (1). 

-  present,  that  T G ,  W G ,  J J. 

McG and  "W "W.  P ,  late  of  the  town  of  Au  Sable, 

in  the  said  district,  on  the day  of ,  in  the  year  of 

our  Lord  eighteen  hundred  and ,  at  Au  Sable  aforesaid, 

in  the  district  aforesaid,  unlawfully  did  conspire  and  agree 
together,  and  with  divers  other  persons  to  the  [§  5440,  R.  S.] 
said  grand  jurors  unknown,  to  defraud  the  said  United  States  of 
the  internal-revenue  tax  by  law  payable  upon  a  certain  large 
quantity,  to  wit,  ten  thousand  proof-gallons,  of  distilled  spirits; 
and  that  to  effect  the  object  of  the  said  unlawful  conspiracy 

and  agreement,  the  said  T G afterwards,  to  wit,  on 

the  day  aforesaid,  at  Au  Sable  aforesaid,  unlawfully  did  cause 
and  procure  a  certain  large  quantity  of  the  distilled  spirits 
aforesaid,  to  wit,  five  thousand  gallons  thereof,  to  be  removed 
from  the  distillery  where  the  same  wrere  produced,  to  wit,  the 

distillery  of  the  said  T G ,  there  situate,  to  some  place 

to  the  said  grand  jurors  unknown,  other  than  the  distillery- 
warehouse  provided  by  law,  without  the  payment  of  the  said 
tax  on  the  said  distilled  spirits  so  removed  as  aforesaid; 
against,  etc. 

No.  141  (2). 

further  present,  that  the  said  T G ,  "W" 


G ,  J J.  McG and  W W.  P ,  and  divers 

other  persons  to  the  grand  jurors  aforesaid  unknown,  hereto- 
fore, to  wit,  on  the day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at  Au  Sable  aforesaid,  in  the  said 

District  of  • ,  did  conspire  together  unlawfully  to  put 

upon  the  market  a  large  quantity,  to  wit,  five  thousand  proof- 
gallons,  of  distilled  spirits,  subject  to  tax  [§  5440,  R.  S.] 
under  the  provisions  of  the  internal-revenue  law  of  the  said 


96  FORMS    ADAPTED  TO   CRIMINAL   CASES. 

United  States,  without  the  said  tax  thereon  being  paid,  and 
thereby  to  defraud  the  said  United  States  of  the  said  tax; 
and  to  effect  the  object  of  the  said  conspiracy,  the  said  T— 
G—  -  did  then  and  there  remove  the  said  spirits  from  the 
distillery  where  they  were  manufactured,  to  wit,  the  distillery 

of  him  the  said  T G ,  there  situate,  to  a  place  other 

than  the  distillery-warehouse  provided  by  law,  to  wit,  to  the 

rectifying  establishment  of  the  said  W "W.  P ,  situate 

in  the  city  of ,  in  the  said  district,  without  the  payment 

of  the  said  tax  on  those  distilled  spirits;  against,  etc. 

No.  142  (3). 

further  present,  that  the  said  T G ,  heretofore, 

to  wit,  on  the day  of ,  in  the  year  of  our  Lord  eight- 
een hundred  and ,  at  Au  Sable  aforesaid,  in  the  said  - 

District  of ,  was  engaged  in  carrying  on  the  business  of 

a  distiller,  and  did  then  and  there  have  a  certain  distillery, 
and  also  a  distillery-warehouse,  situated  on  and  constituting  a 
part  of  the  distillery-premises  occupied  by  the  said  T— 

G ,  as  provided  by  law;  and  that  some  person  to  the 

grand  jurors  aforesaid  unknown  did  then  and  there  remove 
from  the  said  distillery  of  the  said  T G — —  a  large  quan- 
tity, to  wit,  ten  thousand  proof-gallons,  of  distilled  spirits, 
manufactured  at  the  said  distillery,  and  subject  to  tax  under 
the  provisions  of  the  internal-revenue  law  of  the  said  United 
States,  and  on  which  said  spirits  such  tax  had  not  been  paid, 
to  a  place  other  than  the  said  distillery-warehouse  provided 
by  law  as  aforesaid,  to  wit,  to  some  place  to  the  said  grand 

jurors  unknown ;  and  the  said  T G ,  "W G , 

j j.  McG and  W-    -  W.  P did  aid  and  abet  the 

[§  3296,  R.  S.]  said  person  unknown  in  so  removing  the 
said  spirits  as  aforesaid ;  against,  etc. 


CRIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  97 


Indictment,  on  Sec.  5440,  R.  S.,  (1  Supp.E.  S.,  2d  Ed.  264,) 
for  conspiring  to  defraud  the  United  States,  and  to 
commit  an  offense  against  them,  by  setting  up  an  illicit 
distillery,  etc. 

No.  143  (1). 

present,  that  J C.  B ,  S C.  H ,  and 

J A ,  late  of  the  city  of ,  in  the  said  district,  on  the 

—  day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

— ,  at  aforesaid,  in  the  district  aforesaid,  unlawfully 

did  conspire  together,  and  with  divers  other  [§  5440,  R.  S.] 
persons  to  the  said  grand  jurors  unknown,  to  commit  an  of- 
fense l  against  the  said  United  States,  that  is  to  say,  to  carry 
on  the  business  of  a  distiller,  without  having  given  bond  as 
required  by  law;  and  that  to  effect  the  object  of  the  said  con- 
spiracy, the  said  J C.  B then  and  there  unlawfully 

did  set  up,  and  cause  to  be  set  up,  in  a  certain  building  there 
situate,  a  certain  illicit  still,  for  the  purpose  of  producing  dis- 
tilled spirits,  and  with  design  to  evade  the  payment  of  the 
internal-revenue  tax  on  the  distilled  spirits  which  should  be 
so  produced ;  and  that  further  to  effect  the  object  of  the  said 

conspiracy,  the  said  J C.  B then  and  there  unlawfully 

did  make  and  ferment  a  certain  mash,  fit  for  distillation,  in 
the  building  aforesaid,  the  same  not  then  and  there  being  a 
distillery  duly  authorized  according  to  law :  Against,  etc. 

No.  144  (2). 

unlawfully  did  conspire  together,  and  with  divers 

other  persons  to  the  said  grand  jurors  unknown,  to  commit 
an  offense  against  the  said  United  States,     [§  5440,  R.  S.] 
that  is  to  say,  to  engage  in  and  carry  on  the  business  of  a  dis- 
tiller, with  intent  to  defraud  the  said  United  States  of  the 
tax,  to  wit,  the  internal-revenue  tax  imposed  by  law,  on  the 

spirits  which  should  be  distilled  by  them  the  said  J C. 

B ,  S C.  H ,  and  J A ,  and  the  last-men- 
tioned persons  to  the  said  grand  jurors  unknown ;  and  that  to 

1  The  conspiracy  must  be  sufficiently  charged,  V.  S.  v.  Britton,  108  U.  S. 
199;  Pettibone  v.  U.  S.,  148  Id  197;  U.  S.  v.  Milner,  36  F.  R  890. 
7 


98  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

effect  the  object  of  the  conspiracy  last  aforesaid,  the  said 

J C.  B ,  S C.  H and  J A then  and 

there  unlawfully  did  set  up,  and  cause  to  be  set  up,  a  certain 
illicit  and  unregistered  still,  for  the  purpose  of  making  dis- 
tilled spirits,  and  with  design  to  evade  the  payment  of  the  in- 
ternal-revenue tax  on  the  distilled  spirits  which  should  be  so 
made ;  and  that  further  to  effect  the  object  of  the  conspiracy 

last  aforesaid,  the  said  J C.  B ,  S C.  II and 

J A then  and  there  unlawfully  did  make  and  ferment 

a  certain  mash,  fit  for  the  production  of  spirits,  in  a  certain 
building  there  situate,  the  same  not  then  and  there  being  a 
distillery  duly  authorized  according  to  law :  Against,  etc. 

No.  145  (3). 

unlawfully  did  conspire  together,  and   with  divers 

other  persons  to  the  said  grand  jurors  unknown,  to  manufact- 
ure divers  large  quantities  of  distilled  spirits,  and  the  same 
[§  5440,  B.  S.]  to  dispose  of  and  put  upon  the  market,  with- 
out payment  of  the  internal-revenue  tax  which  by  law  would 
be  due  and  payable  on  the  same  to  the  said  United  States, 
and  thereby  to  defraud  the  said  United  States  of  the  amount 
of  the  said  tax  on  the  same  distilled  spirits ;  and  that  to  effect 

the  object  of  the  conspiracy  last  aforesaid,  the  said  J C. 

B then  and  there  unlawfully  did  set  up,  and  cause  to  be 

set  up,  in  a  certain  building  there  situate,  a  certain  illicit  still, 
for  the  purpose  of  manufacturing  distilled  spirits,  and  with 
design  to  evade  the  payment  of  the  said  internal-revenue  tax 
on  the  distilled  spirits  which  should  be  so  manufactured ;  and 
that  further  to  effect  the  object  of  the  conspiracy  last  afore- 
said, the  said  J C.  B then  and  there  unlawfully  did 

make  and  ferment  a  certain  mash,  fit  for  distillation,  in  the 
building  last  aforesaid,  the  same  not  then  and  there  being  a 
distillery  duly  authorized  according  to  law:  Against,  etc. 


CRIMES   AGAINST   OPERATIONS   OF    GOVERNMENT.  99 

Indictment,  on  Sec.  5440,  E.  S.,  (1  Supp.  R.  8.,  2d  Ed.  264,) 
for  conspiring  to  defraud  the  United  States  of  the  tax  on 
certain  distilled  spirits;  with  counts  on  Sec. 3281, R.  S., 
(Sec.  16,  Act  of  Feb.  8, 1875,—!  Snpp.  R,  S.,  2d  Ed.,  60,) 
for  carrying  on  business  of  a  distiller  without  haying 
given  bond,  and  for  engaging  in  same  business  with  in- 
tent to  defraud  the  United  States  of  the  tax ;  and  with 
a  count  on  Sec.  3258,  R.  S.,  for  haying  a  still  set  up 
and  not  registered. 

No.  146  (1). 

unlawfully  did  conspire  together,  and  with  divers  other 

persons  to  the  said  grand  jurors  unknown,  to  [§  5440,  R.  S.] 
produce,  and  cause  to  be  produced,  divers  large  quantities  of 
distilled  spirits,  and  to  remove  the  same  from  the  place  of 
production  thereof,  and  dispose  of  the  same,  without  payment 
of  the  internal-revenue  tax  to  which  the  distilled  spirits  which 
should  be  so  produced  would  by  law  be  subject,  and  thereby 
to  defraud  the  said  United  States  of  the  amount  of  the  said 
tax  on  the  distilled  spirits  which  should  be  so  produced ;  and 
that  in  pursuance  of  the  said  unlawful  conspiracy,  and  to  ef- 
fect the  object  thereof,  the  said  H M.  A afterwards, 

to  wit,  on  the  day  aforesaid,  in  the  city  and  district  afore- 
said, did  produce,  and,  oauB6  to  foe7  -produced,  a  certain  large 
quantity,  to  wit,  -^v^vj^oofrgAlJGOS,  o£  distilled  spirits,  then 
subject  to  the,  internal-re  venue  tax  of  ninety  -ctaits  per  proof- 
gallon  then  imposed  by  law  upon  distilled  spirits,  and  did 
then  and  there  '•eraotre  tl>e  distilled  spirits  so  produced  from 
the  place  of  production  thereof ]  acx}  fJi^po^Qci  the  same,  with- 
out payment  of  the  said  tax  thereon,  and  thereby  did  then 
and  there  defraud  the  said  United  States  of  the  amount  of 
the  said  tax  on  the  said  distilled  spirits  so  produced  as  afore- 
said ;  and  that  in  further  pursuance  of  the  said  unlawful  con- 
spiracy, and  to  effect  the  object  thereof,  the  said  F W 

did  then  and  there  aid,  abet  and  assist  the  said  H M. 

A in   so  producing,  and   causing  to  be   produced,  the 

distilled  spirits  last  aforesaid,  and  in  so  removing  and  dispos- 
ing of  the  same  without  the  payment  of  the  said  tax  thereon, 
and  in  thereby  defrauding  the  said  United  States  of  the 
amount  of  the  said  tax  on  those  spirits:  Against,  etc. 


100  FORMS   ADAPTED   TO   CRIMINAL   OASES. 


No.  147  (2). 

-  wickedly  devising  and  intending  to  cheat  and  defraud 
the  said  United  States,  did  unlawfully  and  fraudulently  con- 
[§  5440,  R.  $.]  spire,  combine,  confederate  and  agree  to- 
gether, and  with  divers  other  persons  to  the  grand  jurors 
aforesaid  unknown,  to  defraud  the  said  United  States  of  the 
amount  of  tax  due  and  payable,  under  the  provisions  of  the 
internal-revenue  law  of  the  said  United  States,  on  and  in  re- 
spect of  a  certain  other  large  quantity,  to  wit,  -  -  proof- 
gallons,  of  distilled  spirits,  subject  to  tax  under  the  provisions 
of  the  said  internal-revenue  law,  and  upon  which  said  spirits 
said  tax  had  not  been  paid.  And  the  grand  jurors  aforesaid, 
upon  their  oath  aforesaid,  do  further  1  present,  that  the  said 
F  -  W  -  afterwards,  to  wit,  on  the  day  and  year  afore- 
said, at  -  aforesaid,  in  the  district  aforesaid,  in  pursuance 
and  furtherance  of  the  aforesaid  unlawful  and  fraudulent  con- 
spiracy, combination,  confederacy  and  agreement  so  entered 
into  as  last  aforesaid,  and  to  effect  the  object  thereof,  did  re- 
move, and  cause  to  be  removed,  the  distilled  spirits  last  afore- 
said, then  still  being  subject  to  the  tax  aforesaid,  from  the 
premises  where  the  same  were  produced,  (the  said  premises 
not  then  being  a  lawful  and  registered  distillery,  with  a  dis- 
tillery-warehouse belonging  thereto,)  and  did  then  and  there 
conceal  and  dispose  of  the  'same  'distilled  spirits,  without  the 
payment  of  the  said  tax  thereon;  and  -thereby  did  then  and 
there  defraud'  the*  said  United  States  of  the'  'amount  of  the 
said  tax  on  thbfcame:  Against,  etc. 


"'fro.  148(3).  •"""' 


further  present,   that  the  said  F W and 

H—  -  M.  A ,  on  the  said day  of ,  in  the  year  of 

our  Lord  eighteen  hundred  and ,  at aforesaid,  in  the 

[§  3281,  E.  S.  (Sec.  16,  Act  of  Feb.  8, 1875,—  1  Supp.  E.  S., 
2d  Ed.,  60.)]  district  aforesaid,  unlawfully  did  carry  on  the 
business  of  a  distiller  without  having  given  bond  as  required 
by  law ;  against,  etc. 

i  See  No.  6,  note  14 


CEIMES   AGAINST   OPERATIONS   OF   GOVERNMENT.  101 

No.  149  (4). 

further  present,  that  the  said  F—    -  "W-   —  and  H 

M.  A ,  on  the  said day  of ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  at  -  -  aforesaid,  in  the  dis- 
trict aforesaid,  unlawfully  did  engage  in  and  [§  3281,  R.  S. 
(Sec.  16,  Act  of  Feb.  8,  1875,—  1  Supp.  R.  S.,  2d  Ed.,  60.)] 
carry  on  the  business  of  a  distiller,  with  intent  to  defraud  the 
said  United  States  of  the  tax  on  the  spirits  distilled  by  them 
the  said  F W and  H M.  A ;  against,  etc. 

No.  150  (5). 

-  in  the  district  aforesaid,  and  in  the  First  Internal- 
Revenue  Collection-District  of  Illinois,  unlawfully  did  have  in 
their  possession,  and  under  their  control,  a  [§  3258,  R.  8.] 
certain  still  set  up,  and  had  not  then  registered  the  said  still 
with  the  Collector  of  Internal  Revenue  of  the  said  United 
States  for  the  said  collection-district,  by  subscribing  and  filing 
with  him  duplicate  statements  in  writing,  setting  forth  the 
particular  place  where  the  said  still  was  so  set  up,  the  kind  of 
still  and  its  cubic  contents,  the  owner  thereof,  his  place  of 
residence,  and  the  purpose  for  which  the  said  still  had  been  or 
was  intended  to  be  used ;  against,  etc.1 

Complaint,  on  Sec.  5440,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.  264,) 
for  conspiring  to  defraud  the  United  States  by  embez- 
zling post-office  funds. 

No.  151. 

unlawfully  did  conspire  together  to  commit  an  offense 

against  the  said  United  States  of  America,  and  to  defraud  the 
said  United  States,  that  is  to  say,  to  embezzle  [§  5440,  R.  S.] 
and  purloin  moneys  of  the  said  United  States,  being  moneys 

received  at  their  post-office  in aforesaid :  And  that  to 

effect, the  object  of  the  said  conspiracy,  the  said  W H. 

B ,  on  the  day  last  aforesaid,  and  at  divers  other  times 

afterwards,  within  the  city  and  district  aforesaid,  being  a  per- 
son employed  in  the  postal  service  of  the  said  United  States, 
as  a  clerk  in  the  said  post-office,  and  having  temporary  custody 

1  For  another  form  of  count  on  Sec.  3858,  see  No.  513. 


102  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

of  postages  received  for  and  upon  second-class  mail-matter  de- 
posited in  the  said  post-office,  (tLe  same  postages  being  part 
of  the  postal  revenues  of  the  said  United  States,)  felonious!}' 
did  wilfully  neglect  to  deposit  the  same  in  the  Treasury  of  the 
said  United  States  or  other  depository  authorized  to  receive 
the  same,  and  did  embezzle  the  same  postages,  and  convert 

the  same  to  the  use  of  the  said  "W—    -  II.  B and  J T. 

S ;  the  said  postages  being  and  amounting  to  a  large  sum 

of  money,  to  wit,  -    -  dollars  and  upwards :  Contrary,  etc. 

Indictment^  on  Sec.  5456;  B.  S.,  for  stealing  money  of  the 
United  States;  with  a  count  on  Sec,  5497,  R.  S.,  for 
converting  and  embezzling  a  portion  of  the  public 
money  of  the  United  States. 

No.  152  (1). 

divers  bank-notes  for  the  payment  of  money,  divers 

notes  of  the  said  United  States,  called  United-States  notes, 
for  the  payment  of  money,  divers  other  notes  of  the  said 
United  States,  called  treasury-notes,  for  the  payment  of 
money,  divers  gold  coins  of  money,  and  divers  silver  coins  of 
money,  (the  particular  kinds,  descriptions,  denominations  and 
values  of  which  said  bank-notes,  United-States  notes,  treasury- 
notes,  gold  coins  and  silver  coins  respectively  the  grand  jurors 
aforesaid  have  no  means  of  knowing,  and  therefore  cannot 
set  forth  in  this  indictment,)  together  amounting  to  a  large 

sum  of  money,  to  wit,  the  sum  of dollars,  and  of  the 

value  of  -  -  dollars,  of  the  moneys  and  personal  property  of 
and  then  and  there  belonging  to  the  said  United  States,  feloni- 
[§  5456,  R.  S.]  ously  did  steal,  take  and  carry  away ;  against, 
etc. 

No.  153  (2). 

-  not  being  then  and  there  an  authorized  depositary  of 
public  moneys  of  the  said  United  States,  feloniously  did  con- 
vert, appropriate  and  apply  to  — h —  own  use  a  portion  of  the 
public  money  of  the  said  United  States,  to  the  amount  and  of 
the  value  of dollars,  and  thereby  then  and  there  feloni- 
ously did  convert,  appropriate  and  apply  the  same  for  a  pur- 
[§  5497,  R.  S.]  pose  not  prescribed  by  law,  and  feloniously 
embezzle  the  same;  against,  etc. 


CRIMES   AGAINST   THE   ELECTIVE    FRAN- 
CHISE AND  CIVIL  RIGHTS  OF  CITIZENS. 


Indictment,  on  Sec.  5508,  R.  S.,  for  conspiring  to  injure 
and  oppress  a  citizen  of  the  United  States  because  of  his 
having  exercised  his  right  to  vote  for  a  representa- 
tive in  Congress;  or,  on  Sec,  5509,  R.  S.,  for  commit- 
ting an  assault  in  violating  a  provision  of  Sec.  5508, 

R.  S. 

No.  154. 

1-   -  present,  that  J-   -  T ,  D Y and  B— 

E ,  late  of  ,  in  the  said  district,  on  the  day  of 

— ,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

-  aforesaid,  in  the  district  aforesaid,  unlawfully  did  con- 
spire together  to  injure  and  oppress  a  citizen 2  of  the  said 

United  States,  to  wit,  one  B S ,  be-    [§  5508,  R.  S.] 

cause  of  his  having  exercised  a  certain  right  and  privilege 
secured  to  him  by  the  Constitution  and  laws  of  the  said 
United  States,  that  is  to  Say,  the  right  and  privilege  of  vot- 
ing at  an  election  then  lately  before,  to  wit,  on  the day 

of  ,  in  the  same  year  of  our  Lord  eighteen  hundred  and 

— ,  held  for  the  choosing  of  a  representative  in  the  Con- 
gress of  the  said  United  States  from  the  Congressional 

District  of  the  state  of  :  And  that  in  pursuance  of  the 

said  conspiracy,  and  to  effect  the  object 3  of  the  same,  the 

said  D Y and  B E there  and  then,  to  wit, 

on  the  day  first  aforesaid,  with  force  and  arms,  in  and  upon 

1  For  a  form  of  indictment  on  Sec.  5508,  R  S.,  for  conspiring  to  injure 
one  in  the  custody  of  a  United-States  marshal  under  a  lawful  commitment 
to  answer  for  an  offense  against  the  United  States,  see  Logan  v.   U.  S., 
144  U.  S.  263. 

2  Citizenship  must  be  averred.     U.  S.  v.  Patrick  et  al.,  53  F.  R  356,  and 
54  Id.  338. 

3  That  commission  of  an  overt  act  should  be  averred,  see  Sec.  5440,  R  S., 
(Act  of  May  17,  1879,  1  Supp.  R  S.,  2d  Ed.  264) ;  and  U.  S.  v.  Eeichert,  32 
F.  R  142. 


104  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

the  said  B—  -  S unlawfully  did  make  an  assault,4  and 

[§  5509,  R.  S.]    him  the  said  B S then  and  there 

did  beat,  wound  and  ill-treat,  and  other  wrongs  to  him  then 
and  there  did ; 5  against,  etc. 

Indictment,  on  Sec.  5508,  R.  S.,  for  conspiring  to  injure 
and  intimidate  a  citizen  of  the  United  States  in  the 
exercise  of  his  right  to  vote  at  an  election  for  repre- 
sentative in  Congress. 

No.  155  (1). 

-  present,  that  J—    -  Y ,  D Y and  B— 

E ,  late  of ,  in  the  said  district,  on  the day  of 

— ,  in  the  year  of  our  Lord  eighteen  hundred  and  -  — ,  at 
,  aforesaid,  in  the  district  aforesaid,  unlawfully  did  con- 
spire together,  and  with  divers  other  persons  to  the  said  grand 
[§  5508,  R.  S.]  jurors  unknown,  to  injure,  oppress,  threaten, 
and  intimidate  one  B —  -  S in  the  free  exercise  and  en- 
joyment of  a  certain  right  and  privilege  secured  to  him  by 
the  Constitution  and  laws  of  the  said  United  States,  that  is  to 
say,  the  right  and  privilege  of  voting  at  an  election  then  and 
there  being  held  for  the  choosing  of  a  representative  in  the 
Congress  of  the  said  United  States  from  the  Congres- 
sional District  of  the  state  of ;  he  the  said'B S— 

then  and  there  being  a  citizen  of  the  said  United  States  and 
lawfully  entitled  to  vote  at  the  election  aforesaid :  And  that 
in  pursuance  of  the  said  conspiracy,  and  to  effect  the  object 
of  the  same,  and  for  the  purpose  of  intimidating  the  said 

B—  -  S in  the  free  exercise  and  enjoyment  of  his  said 

right  and  privilege,  the  said  D Y and  B E 

unlawfully  did  then  and  there  threaten  to  beat  and  injure  him 
the  said  B—  -  S—  -  if  he  should  exercise  his  said  right  and 
privilege;  against,  etc. 

4  See  U.  S.  v.  Lancaster,  44  F.  R  885,  894,  as  to  joining  charges  under 
Sees.  5508  and  5509,  R  S.,  in  one  indictment.    And  see,  also,  U,  S.  v.  Pat- 
rick et  al,  54  Id.  338. 

5  This  form  was  suggested  by  the  case  of  Ex  parte  Yarbrough,  110  U.  S. 
651.    See  this  case  for  the  form  of  an  indictment  on  Sec.  5508,  R  S.,  held 
to  be  good. 

When  used  as  a  count  on  Sec.  5509,  conclude  with  "And  so  the  grand 
jurors,"  etc, ;  "against,"  etc.,  (as  in  No.  156,  but  following  the  toords  of  Sec. 
6509.) 


OEIMES   AGAINST   THE   ELECTIVE   FRANCHISE.  ETC.  105 

No.  156  (2). 

present,  that  heretofore,  to  wit,  on  the  day  of 

,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

— ,  in  the  said  district,  was  a  citizen  of  the  said  United 
States,  and  lawfully  entitled  to  vote  at  a  certain  election  then 
and  there  being  held  for  the  choosing  of  a  representative  in 
the  Congress  of  the  said  United  States  from  the  -  -  Con- 
gressional District  of  the  state  of  -  — ;  and  that  J—  -  Y , 

I)  -    -  Y and  B E ,  late  of aforesaid,  on  the 

same  day  and  year  aforesaid,  at aforesaid,  in  the  judicial 

district  aforesaid,  unlawfully  did  conspire l  together  to  injure, 

oppress,  threaten,  and  intimidate  the  said  B S —  -  in  the 

free  exercise  and  enjoyment  of  his  lawful  right  to  vote  at  the 

election  aforesaid,  he  the  said  B S so  then  and  there 

being  a  citizen  of  the  said  United  States,  and  having  then 
and  there  a  lawful  right  to  vote  at  the  election  aforesaid,  as 

they  the  said  J-    -  Y ,  D Y-    -  and  B E— 

then  and  there  well  knew : 2  And  that  to  eifect  the  object  of 

the  said  conspiracy,  the  said  D Y—    -  and  B E , 

afterwards 3  and  on  the  day  and  year  aforesaid,  at afore- 
said, in  the  judicial  district  aforesaid,  unlawfully  did  beat  and 

injure  the  said  B S ,  because  of  his  the  said  B — 

S 's  said  right  to  vote  at  the  said  election,  and  for  the 

purpose  of  preventing  him  from  freely  exercising  that  right, 

and  intimidate  him  the  said  B S by  then  and  there 

threatening  to  further  beat  and  injure  him  if  he  should  exer- 
cise that  right :  And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said  J Y ,  D 

Y and  B E ,  on  the  said day  of ,  in  the 

year  of  our  Lord  eighteen  hundred  and  ,  at afore- 
said, in  the  judicial  district  aforesaid,  in  manner  and  form 
aforesaid,  unlawfully  and  feloniously  did  conspire  to  injure, 
oppress,  threaten,  and  intimidate  a  citizen  of  [§  5508,  R.  S.] 
the  said  United  States  in  the  free  exercise  and  enjoyment  of  a 
right  and  privilege  secured  to  him  by  the  Constitution  and 
laws  or  the  said  United  States;  against,  etc. 

t   l  For  various  modes  of  charging  conspiracies,  see  Nos.  139-151. 

2  As  bearing  upon  the  question  whether  scienter  should  be  alleged  in  such 
a  case,  see  Petlibone  v.  U.  S.,  148  U.  a  197. 

3  See  U.  S.  v.  Milner,  36  F.  R.  890. 


106  FuttMS    ADAPTED    TO   CKIMINAL   CASES. 


Indictment;  on  Sec.  5508,  R.  S.,  against  two  persons,  for 
going  in  disguise  on  the  highway,  and  on  the  premises 
of  another,  with  intent  to  prevent  him  from  perfect- 
ing his  title  to  a  homestead  entry. 

No.  157  (1). 

present,  that  D W and  J W.  M ,  late 

of  the  county  of  ,  in  the  district  aforesaid,  on  the  - 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

,  at  and  within  the  county  aforesaid,  in  the  district  afore- 
said, unlawfully  did  go  in  disguise  on  the  highway,  and  on 

[§  5508,  R.  S.]     the  premises  there  of  one  B —   -  L ,  then 

a  citizen 1  of  the  said  United  States,  with  intent  on  the  part  of 

them  the  said  D W and  J W.  M then  and 

there  to  prevent  and  hinder  his  the  said  B —    -  L 's  free 

exercise  and  enjoyment  of  a  certain  right  and  privilege  se- 
cured to  him  by  the  Constitution  and  laws  of  the  said  United 
States,  that  is  to  say,  the  right  and  privilege  of  cultivating, 
improving  and  residing  upon,  in  order  to  mature  his  title  to, 
the  premises  aforesaid,  the  same  being  lands  of  which  he  the 
said  B—  -  L had  theretofore  made,  at  the  proper  land- 
office  of  the  said  United  States,  a  homestead  entry,  in  accord- 
ance with  the  laws  of  the  said  United  States,  and  to  which  his 
title  had  not  then,  to  wit,  OH  the  day  first  aforesaid,  been 
matured  under  those  laws,  and  upon  which  he  was  then  resid- 
ing for  the  purpose  of  perfecting  his  right  and  maturing  his 
title  thereto  under  the  same  laws ;  against,  etc. 


No.  158  (2). 
further  present,  that  heretofore,  to  wit,  on  the 


day  of  -   — ,  in  the  year  of  our  Lord  eighteen  hundred  and 
— ,  one  B —   -  L ,  then  being  the  head  of  a  family 2  and  a 

!The  word  "citizen"  is  used  in  Sec.  5508,  R  S.,  in  its  political  sense,  with 
the  same  meaning  which  it  has  in  the  Fourteenth  Amendment  to  the  Con- 
stitution of  the  United  States;  and  not  as  heing  synonymous  with  "resi- 
dent," "inhabitant,"  or  "person."  Baldwin  v.  Franks,  120  U.v  S.  678. 

2  See  Sec,  2289,  R  S.,  as  amended  by  act  of  March  3,  1891,  (1  Supp.  R  S., 
2dEd  942,) 


CRIMES   AGAINST   THE    ELECTIVE   FEANCHI8E,  ETC.  107 

citizen  of  the  said  United  States,  in  due  form  of  law  made,  at 
the  land-office  of  the  said  United  States  for  the  land-district 
of  Little  Rock*  in  the  said  Eastern  District  of  Arkansas,  a 
homestead  entry  of,  and  took  up  his  residence  upon,  for  the 
purpose  of  cultivating  and  improving  and  thereby  perfecting 
his  right  and  maturing  his  title  to,  a  quarter-section  of  then 

unappropriated  public  lands,  situated  in  the  county  of , 

in  the  judicial  district  aforesaid  and  in  the  land-district  afore- 
said, known  and  described  as  follows,  to  wit :  [here  set  out  the 
legal  description  of  the  land] ;  the  said  land  then  being  subject 
to  entry  at  the  said  land-office :  And  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  further  present,  that  after- 
wards, to  wit,  on  the day  of  ,  within  the  county  of 

—  aforesaid,  in  the  Eastern  District  of  Arkansas  aforesaid, 
and  while  the  said  B L was  so  residing  upon  the  last- 
mentioned  land  for  the  purpose  aforesaid,  and  while  his  right 
and  title  to  the  same  land  were  neither  perfected  nor  matured 
under  the  laws  of  the  said  United  States  in  that  behalf,  the 

said  D —    -  "W and  J W.  M ,  with  intent  then  and 

there  to  prevent  and  hinder  the  said  B L from  so  re- 
siding upon  the  same  land  and  perfecting  his  right  and  matur- 
ing his  title  thereto  under  those  laws,  unlawfully  did  go  in 
disguise  on  the  highway  and  on  the  said  land  and  premises  of 
the  said  B L ,  and  on  the  same  land  and  premises  un- 
lawfully and  willfully  then  did  fire  off  loaded  guns  and  pistols, 

and  drive  him  the  said  B L from  his  home  thereon. 

And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 

do  say,  that  the  said  D "W and  J W.  M ,  on 

the  last-mentioned  day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  within  the  county  of afore- 
said, in  the  said  Eastern  District  of  Arkansas,  in  manner  and 
form  in  this  count  aforesaid,  unlawfully  and  feloniously  did 
go  in  disguise  on  the  highway,  and  on  the  [§  5508,  R.  S.] 
premises  of  another,  with  intent  to  prevent  and  hinder  his 
free  exercise  and  enjoyment  of  a  right  and  privilege  secured 
to  him  by  the  Constitution  and  laws  of  the  said  United  States; 
against,  etc. 

3 This  count  was  suggested  by  the  case  of  U.  S.  v.  Waddell,  112  U.  S.  76. 


108  FORMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment^  on  Sec.  5511,1  R.  S.,  for  voting,  and  offering 
and  attempting  to  vote,  for  a  representative  in  Con- 
gress, without  having  a  lawful  right  so  to  do. 

No.  159. 

within  the  county  of  and  the  judicial  district 

aforesaid,  and  the Congressional  District  of  the  state  of 

— ,  at  an  election  then  and  there  held  for  the  choosing  of 
a  representative  in  the  Congress  2  of  the  said  United  States 
from  that  congressional  district,  and  at  a  poll  of  the  same  elec- 
tion in  the Election-District  of  the Ward  of  the  said 

city  of ,  unlawfully  did  knowingly  vote  for  such  represent- 
ative, and  offer  and  attempt  to  vote  for  such  representative, 
[§  5511,  R.  S.]  without  having  then  and  there  a  lawful  right 
to  vote;  he  the  said  —  -  not  having  resided  in  said  state 
one  year -,  or  in  the  said  county days,  or  in  the  said  election- 
district  days,  next  preceding  the  same  election;  against, 

etc. 


Indictment,  on  Sec.  5511,  R.  S.,  for  offering  to  vote  at  a 
place  where  not  entitled  to  vote;  and  for  making  a 
false  statement  to  election-judges  to  secure  opportu- 
nity to  vote;  and  for  making  and  subscribing  a  false 
affidavit  for  the  same  purpose. 

No.  160  (1). 

-  at  an  election  for  representative  in  the  Congress  of 
the  said  United  States,  unlawfully  did  knowingly  offer  and 
attempt  to  vote  for  such  representave  at  a  place  where  he  the 
[§  5511,  R.  S.]  said-  -  was  not  then  lawfully  entitled 

to  vote,  that  is  to  say,  in  the  Ninth  Election-District  of  the 
Eighteenth  Ward  of  the  said  city  of  -    — ;  against,  etc. 

1  This  section  was  repealed  by  Act  of  Feb.  8,  1894 

2  Indictment  must  affirmatively  and  distinctly  charge  an  act  affecting 
the  election  of  a  representative  in  Congress.     U,  S.  v.  Morrissey,  132  F.  R 
47 ;    contra,  U.  S.  v.  McBonley,  29  Id.  897.  - 


CRIMES   AGAINST   THE    ELECTIVE    FRANCHISE,  ETC.  109 

No.  161  (2). 

at  and  within  the  city  and  judicial  district  aforesaid, 

at  an  election  for  representative  in  the  Congress  of  the  said 
United  States,  unlawfully  did  knowingly  offer  and  attempt  to 
vote  for  such  representative  at  a  place  where  [§  5511,  B.  S.] 

he  the  said was  not  then  lawfully  entitled  to  vote, 

that  is  to  say,  in  the  Ninth  Election-District  of  the  Eighteenth 

Ward  of  the  said  city  of ;  he  the  said not  hav- 

ing  resided  in  the  said  election-district days  next  preced- 
ing the  same  election ;  against,  etc. 

No.  162  (3). 

at aforesaid,  in  the  judicial  district  aforesaid,  at 

an  election  for  representative  in  the  Congress  of  the  said 
United  States,  unlawfully  did  knowingly  offer  and  attempt  to 
vote  for  such  representative,  without  having  [§  5511,  E.  S.] 
a  lawful  right  to  vote ;  against,  etc. 

No.  163  (4). 

within  the  county  of  and  the  judicial  district 

aforesaid,  and  the Congressional  District  of  the  state  of 

,  at  an  election  then  and  there  held  for  the  choosing  of  a 

representative  in  the  Congress  of  the  said  United  States  from 
that  congressional  district,  and  at  a  poll  of  the  same  election 

in  the Election-District  of  the Ward  of  the  said  city 

of ,  unlawfully  did  knowingly  offer  and  attempt  to  vote 

for  such  representative,  without  having  then     [§  5511,  R.  S.] 

and  there  a  lawful  right  to  vote ;  he  the  said not 

having  resided  in  the  said  state  one  year,  or  in  the  said  county 
days,  or  in  the  said  election-district  —  days,"  next  pre- 
ceding the  same  election;  against,  etc. 

No.  164  (5). 

at aforesaid,  in  the  judicial  district  aforesaid  and 

the Congressional  District  of ,  did  offer  his  vote  as 

an  elector,  at  an  election  then  and  there  held  for  the  choosing 
of  a  representative  in  the  Congress  of  the  said  United  States 
from  that  congressional  district,  and  at  a  poll  of  the  same 


110  FOBMS    ADAFfED   TO    CRIMINAL    CASES. 

election  in  the Election-District  of  the  "Ward  of  the 

said  city  of ;  and  that  the  said then  and  there, 

not  being  a  lawful  elector,  in  order  to  secure  for  himself  an 
opportunity  to  vote  for  such  representative  at  the  same  elec- 
tion in  that  election-district,  at  the  time  of  so  offering  his 
vote  did  knowingly  and  willfully  make,  to l  and  in  the  presence 
of  the  judges  of  election  in  that  behalf,  a  certain  false  state- 
ment in  relation  to  his  place  of  residence,  that  is  to  say,  a 

certain  statement  to  the  effect  that  he  the  said then 

resided  in  house  numbered  260,  in Street,  in  the  election- 
district  aforesaid,  (there  being  at  that  time  a  certain  house  so 
numbered,  in  that  street,  in  the  said  election-district ;)  whereas 
in  truth  and  in  fact  the  said ,  at  the  time  of  so  offer- 
ing his  vote,  did  not  reside  in  any  house  numbered  250,  in 

-  Street,  in  the  election-district  aforesaid,  nor  did  he  then 
reside  within  the  said  election-district,  nor  had  he  resided 

therein days  next  preceding  the  same  election.     And  so 

the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say, 

that  the  said ,  in  manner  and  form  in  this  count 

aforesaid,  at  an  election  for  representative  in  the  Congress  of 
the  said  United  States,  did  knowingly  do  an  unlawful  act  to 
[§  5511,  R.  S.]     secure  for  himself  an  opportunity  to  vote  for 
such  representative;  against,  etc. 

No.  165  (6). 

at aforesaid,  in  the  county  and  judicial  district 

aforesaid  and  the Congressional  District  of  the  state  of 

— ,  did  offer  his  vote  as  an  elector,  at  an  election  then  and 
there  held  for  the  choosing  of  a  representative  in  the  Con- 
gress of  the  United  States  from  that  congressional  district, 

and  at  a  poll  of  the  same  election  in  the Election-District 

of  -  -  Ward  of  the  said  city  of ;  and  that  the  said  

-  then  and  there,  not  being  a  lawful  elector,  in  order  to 
secure  for  himself  an  opportunity  to  vote  for  such  represent- 
ative at  the  same  election  in  that  election-district,  at  the  time 
of  so  offering  his  vote  did  knowingly  and  willfully  make  and 
subscribe,  and  present  to  the  proper  judges  of  election  there, 
a  certain  affidavit  and  statement  in  writing  of  him  the  said 

1  See  U.  S.  v.  Jacques,  55  F.  R  5a 


CRIMES    AGAINST   THE    ELECTIVE   FRANCHISE,  ETC.  Ill 

,  to  the  effect  (amongst  other  things)  that  he  had 

then  resided  in  the  said  state  one  year,  and  in  the  said  county 
-  days,  and  in  the  said  election-district days,  next  pre- 
ceding the  same  election,  and  that  he  the  said was 

then  an  inhabitant  of  the  said election-district,  and  en- 
titled to  vote  therein  at  the  same  election,  and  that  he  then 
resided  at  Number  32%,  on Street,  in  the  said  election- 
district;  whereas  in  truth  and  in  fact  the  said ,  at 

the  time  of  so  making,  subscribing  and  presenting  the  said 
affidavit  and  statement,  had  not  resided  in  the  said  state  one 
year,  or  in  the  said  county days,  or  in  the  said  election- 
district  days,  next  preceding  the  same  election,  and  was 

not  then  an  inhabitant  of  the  said  election-district,  and  was 
not  then  entitled  to  vote  therein  at  that  election,  and  did  not 
then  reside  at  Number  322,  on Street,  in  the  said  elec- 
tion-district, as  he  the  said then  and  there  well 

knew.  And  so  the  grand  jurors  aforesaid,  on  their  oath  afore- 
said, do  say,  that  the  said ,  in  manner  and  form  in 

this  count  aforesaid,  at  an  election  for  representative  in  the 
Congress  of  the  said  United  States,  did  knowingly  do  an  un- 
lawful act  to  secure  for  himself  an  opportu-  [§  5511,  R.  S.] 
nity  to  vote  for  such  representative ;  against,  etc. 


Indictment,  on  Sec.  5511,  R.  S.,  for  aiding,  counseling, 
procuring  and  advising  another  to  vote  where  he  had 
no  right;  and  for  making  a  false  affidavit  concerning 
another's  qualifications  as  a  voter. 

No.  166  (1). 

at aforesaid,  in  the  county  of and  in  the  dis- 
trict aforesaid,  unlawfully  did  knowingly  aid,  counsel,  procure 

and  advise  one  C L to  vote  for  a     [§  5511,  R.  S.] 

representative  in  the  Congress  of  the  said  United  States,  and 
attempt  to  vote  for  such  representative,  at  a  certain  election 

then  and  there  held  in  the Congressional  District  of  the 

state  of ,  for  the  choosing  of  such  representative  from 

that  congressional  district,  and  at  a  poll  of  the  said  election 

in  the  Election-District  of  the  —  -  "Ward  of  the  said 

city  of ;  he  the  said  C L not  having  resided  in 


112  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

the  said  state  one  year,  or  in  the  said  county  -    -  days,  or  in 

the  said  election-district days,  next  preceding  the  said 

election,  as  he  the  said then  and  there  well  knew: 

against,  etc. 

No.  167  (2). 

at aforesaid,  in  the  county  and  judicial  district 

aforesaid,  and  the Congressional  District  of  the  state 

of  -  — ,  in  order  to  secure  for  the  said  C L an  oppor- 
tunity to  vote  for  a  representative  in  the  Congress  of  the  said 
United  States,  at  a  certain  election  then  and  there  held  for 
the  choosing  of  such  representative  from  that  congressional 
district,  and  at  a  poll  of  the  same  election  in  the Election- 
District  of  the Ward  of  the  said  city  of ,  unlawfully 

did  knowingly  make  and  subscribe  a  certain  affidavit  in  writing 

of  him  the  said ,  to  the  effect  (amongst  other  things) 

that  the  said  C L was  then  an  inhabitant  of  the  said 

election-district,   and   resided   at   Number  322  —   -  Street, 
within  that  election-district,  and  that  the  said  C—   -  L— 
was  then  an  actual  resident,  in  good  faith,  of  the  said  election- 
district,  and  had  then  resided  therein  -    -  days,  and  that  he 

the  said then  verily  believed  the  said  C L 

to  have  resided  in  the  said  county days,  and  in  the  said 

state  one  year,  next  preceding  the  same  election ;  whereas  in 
fact,  at  the  time  of  the  making  and  subscribing  of  the  said 

affidavit,  it  was   not  true,  nor  had  the  said good 

cause  to  believe,  that  the  said  C—  -  L was  then  an  inhab- 
itant of  the  election-district  aforesaid,  or  that  he  then  resided 

at  Number  3*22 Street,  within  that  election-district,  or 

that  he  the  said  C L was  then  an  actual  resident,  in 

good  faith,  of  the  election-district  aforesaid,  or  that  he  had 

resided  in  the  said  election-district days,  or  in  the  said 

county days,  or  in  the  said  state  one  year,  next  preceding 

the  same  election.     And  so  the  grand  jurors  aforesaid,  upon 

their  oath  aforesaid,  do  say,  that  the  said ,  in  manner 

and  form  in  this  count  aforesaid,  at  an  election  for  represent- 
ative in  the  Congress  of  the  said  United  States,  did  know- 
ingly do  an  unlawful  act  to  secure  for  the  said  C L — 

[§  5511,  B.  S.]  an  opportunity  to  vote  for  such  represent- 
ative; against,  etc. 


CKIMES   AGAINST   THE    ELECTIVE   FRANCHISE,  ETC.  113 

No.  168  (3). 
in  the  county  and  judicial  district  aforesaid  and  the 


Congressional  District  of  the  state  of ,  the  said  C L 

offered  his  vote  as  an  elector,  at  an  election  then  and  there 
held  for  the  choosing  of  a  representative  in  the  Congress  of 
the  said  United  States  from  that  congressional  district,  and  at 

a  poll  of  the  same  election  in  the Election-District  of  the 

Ward  of  the  said  city  of :  And  that  on  that  occasion 

(the  said  C L —    -  not  being  personally  known  to  the 

proper  judges  of  election  then  and  there  to  have  the  required 
qualifications  of  a  voter,  and  his  right  then  and  there  to  vote 
having  been  duly  challenged  by  a  legal  voter  at  the  same 

election  in  the  election-district  aforesaid,)  the  said 

then  and  there,  as  a  witness  for  the  said  C- L in  that 

behalf,  and  in  order  to  secure  for  him  the  said  C L 

an  opportunity  to  vote  for  such  representative  at  the  same 
election  in  that  election-district,  did  knowingly  make  and  sub- 
scribe a  certain  oath  and  affidavit  in  writing  of  him  the  said 

-  ,  to  the  effect  (amongst  other  things)  that  he  was 

then  well  acquainted  with  the  said  C L ,  and  that  he 

the  said  C L was  then  an  inhabitant  of  the  election- 
district  aforesaid,  and  then  resided  at  Number  3%%,  on  

Street,  within  that  election-district,  and  that  the  said  C 

L was  then  in  good  faith  an  actual  resident  of  that  elec- 
tion-district, and  had  resided  therein days  next  preceding 

that  election,  and  that  he  the  said then  verily  be- 
lieved the  said  C L to  have  resided  in  the  said  county 

days,  and  in  the  said  state  one  year,  next  preceding  the 

same  election ;  whereas  in  truth  and  in  fact,  at  the  time  of  the 
making  and  subscribing  of  the  oath  and  affidavit  last  afore- 
said the  said was  not  well  acquainted  with  the  said 

C—  -  L ,  and  the  said  C L was  not  then  an  in- 
habitant of  the  said  election-district,  and  did  not  then  reside 

at  Number  3*22,  on  Street,  in  that  election-district,  and 

was  not  then  in  good  faith  an  actual  resident  of  the  said  elec- 
tion-district, and  had  not  resided  therein days,  or  in  the 

said  county days,  or  in  the  said  state  one  year,  next  pre- 
ceding that  election ;  and  the  said did  not  then  and 

there  believe  to  be  true,  or  have  reason  to  believe  to  be  true, 
8 


FORMS    ADAPTED   TO   CRIMINAL   CASKS. 

the  several  matters  so  contained  in  the  last-mentioned  oath 
and  affidavit  as  aforesaid,  or  any  or  either  of  those  matters. 
And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 

do  say,  that  the  said ,  in  manner  and  form  in  this 

count  aforesaid,  at  an  election  for  representative  in  the  Congress 
of  the  said  United  States,  did  knowingly  commit  an  unlawful 

[§  5511,  R.  S.]    act  to  secure  for  the  said  C L an 

opportunity  to  vote  for  such  representative;  against,  etc. 


Indictment,  on  Sec.  5512,1  R.  S.,  for  registering,  and  at- 
tempting to  register,  as  a  yoter,  without  having  a  law- 
ful right  so  to  do. 

Ko.  169  (1). 

at  a  registration  of  voters  for  an  election  for  representa- 
tive in  the  Congress  of  the  said  United  States,  unlawfully  and 
[§  5512,  R.  S.]  fraudulently  did  knowingly  register,2  and 
attempt  to  register,  as  a  voter,  without  having  a  lawful  right 
so  to  register;  against,  etc. 


No.  170  (2). 
at aforesaid,  in  the  district  aforesaid  and  the 


Congressional  District  of  ,  at  a  registration  of  voters, 

then  duly  held  and  proceeding  in  and  for  the Election- 
District  of  the Ward  of  the  said  city  of ,  for  an  elec- 
tion of  a  representative  in  the  Congress  of  the  said  United 

1  This  section  was  repealed  by  Act  of  Feb.  8,  1894. 

2  In  U.  S.  v.  McCabe,  58  F.  R.  557,  it  is  said  by  Judge  Benedict,  "Strictly 
speaking,  therefore,  a  voter  cannot  '  register.'    All  that  he  can  do  to  effect 
his  registration  is  to  apply  to  be  registered,  and  to  answer  questions  pro- 
pounded by  the  inspectors.    It  is  therefore  necessary,  in  my  opinion,  for  an 
indictment  under  Section  5512  to  designate  acts  done  by  the  accused  in  and 
about  his  registration,  which  resulted  in  a  fraudulent  registration  of  him  by 
the  inspectors." 

But  it  seems  that  Congress,  in  that  section,  makes  it  an  offense  for  an 
officer  of  registration  to  register  a  person  as  a  voter  who  is  not  entitled  to 
be  registered,  and  also  for  such  person  to  register.  To  say  that  one  registers 
should  imply  that  he  and  the  officers  of  registration  do  whatever  the  law 
of  the  state  requires  him  and  them  to  do  to  consummate  it  There  can  be  no 
more  than  one  way  of  registering  as  a  voter. 


CRIMES    AGAINST   THE    ELECTIVE   FRANCHISE,  ETC.  115 

States  from  that  congressional  district,  unlawfully  did  fraud- 
ulently register,  and  attempt  to  register,  as  [§  5512,  B.  S.] 

a  voter ;  he  the  said not  then  and  there  having  a 

lawful  right  so  to  register,  in  this,  that  when  the  said  election 
should  thereafter  be  held,  to  wit,  on  the day  of  Novem- 
ber then  next,  he  would  not  have  resided  in  the  said  election- 
district  days  next  preceding  the  said  election,  nor  did  he 

reside  in  the  said  election-district  at  the  time  when  he  so  reg- 
istered and  attempted  to  register  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  5512,  B.  S.,  against  three  for  procur- 
ing and  aiding  registration  of  persons  not  entitled  to 
Tote ;  and  against  one,  being  an  officer  of  registration, 
for  fraudulently  registering  such  persons,  and  charg- 
ing the  other  two  with  aiding  and  procuring  this  to  be 

done. 

No.  171  (1). 

unlawfully  did  aid,  counsel,  procure  and  advise  divers 

persons,  to  wit,  one  E F.  J ,  one     [§  5512,  B.  S.] 

A.  D.  W ,  one  W Y and  one  G S.  S , 

fraudulently  to  register,  and  attempt  to  register,  as  voters  of 
the  First  Election-District  of  the  Second  Ward  of  the  said  city 
of ,  at  a  registration  of  voters  for  an  election  for  repre- 
sentative in  the  Congress  of  the  said  United  States ;  they  the 

said  E F.  J ,  A.  D.  W ,  W Y and  G 

S.  S. not  having  then  and  there  a  lawful  right  to  register 

as  such  voters,  as  the  said  W J.  C ,  J E.  S 

and  F A.  O then  and  there  well  knew ;  against,  etc. 

No.  1T2  (2). 


at aforesaid,  in  the  judicial  district  aforesaid,  un- 
lawfully did  aid,  counsel,  procure  and  advise     [§  5512,  B.  S.] 

one  E F.  J ,  one  A.  D.  W ,  one  "W.  Y and  one 

G S.  S fraudulently  to  register,  and  attempt  to  regis- 
ter, as  voters  of  the  First  Election-District  of  the  Second  Ward 

of  the  said  city  of  ,  at  a  registration  of  voters  for  an 

election,  to  be  held  within  less  than  thirty  days  thereafter,  for 
the  choosing  of  a  representative  in  the  Congress  of  the  said 


116  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

United  States  from  the  First  Congressional  District  of ; 

they  the  said  E F.  J ,  A.  D.  W ,  W-     -  Y- 

and  G—  -  S.  S —  -  not  then  being  residents  of  the  said  elec- 
tion-district, and  therefore  not  having  then  and  there  a  lawful 

right  to  register  as  such  voters,  as  the  said  W—    -  J.  C , 

J—   -  E.  S and  F—  -  A.  O then  and  there  well  knew ; 

against,  etc. 

No.  173  (3). 

at aforesaid,  in  the  said  District  of ,  unlaw- 

[§  5512,  B.  S.]     fully  did  aid,  counsel,  procure  and  advise 

one  E F.  J ,  (then  calling  himself  J E ,)  one 

A.  D.  W ,  (then  calling  himself  T.  J.  R ,)  one  W- 

Y ,  (then  calling  himself  P —  -  O'N ,)  and  one  G— 

S.  S ,  (then  calling  himself  T—    -  K ,)  fraudulently  to 

register,  and  attempt  to  register,  as  voters  of  the  first  Elec- 
tion-District of  the  Second  Ward  of  the  said  city  of  -  — , 
within  the  First  Congressional  District  of ,  at  a  registra- 
tion then  proceeding  of  voters  of  the  said  election  district,  for 

an  election  to  be  held  on  the day  of  November  then  next, 

for  a  representative  in  the  Congress  of  the  said  United  States 
from  the  congressional  district  aforesaid;  they  the  said  E— 

F.  J ,  A.  D.  W ,  W-    -  Y and  G-  -  S.  S ,  at 

the  time  when  the  last-mentioned  registration  was  so  pro- 
ceeding as  aforesaid,  not  being  residents  of  the  said  election- 
district,  and  therefore  not  having  a  lawful  right  then  and 

there  to  register  as  such  voters,  as  the  said  W-    -  J.  C , 

J E.  S and  F—  —  A.  O ,  at  the  time  of  the  aiding, 

counseling,  procuring  and  advising  as  last  aforesaid,  there 
well  knew ;  against,  etc. 

No.  174  (4). 

at aforesaid,  in  the  judicial  district  aforesaid,  un- 

[§  5512,  R.  S.]     lawfully  did  aid,  counsel,  procure  and  advise 

one  E F.  J ,  one  A.  D.  W ,  one  W-    -  Y-   -  and 

one  G S.  S fraudulently  to  register,  and  attempt  to 

register,  (under  the  names  respectively  of  J—     -  E ,  T.  J. 

R ,  P O'N-    -  and  T—    -  K ,)  as  voters  of  the 

First  Election  District  of  the  Second  Ward  of  the  said  city  of 


CRIMES   AGAINST   THE    ELECTIVE    FRANCHISE,  ETC.  117 

— ,  at  a  registration  then  proceeding  of  voters  of  the  said 
election-district,  for  an  election  for  representative  in  the  Con- 
gress of  the  said  United  States,  to  wit,  the  general  election  to 

be  held  in  the  state  of on  the  Tuesday  next  after  the  first 

Monday  in  November,  in  the  same  year,  (within  less  than  thirty 
days  after  the  time  when  the  last-mentioned  registration  was  so 
proceeding  as  aforesaid,)  for  the  choosing  of  representatives 
in  Congress  and  state  and  county  officers;1  they  the  said 

E F.  J ,  A.  D.  W ,  W—  -  Y and  G S. 

S ,  at  the  time  when  the  last-mentioned  registration  was 

so  proceeding  as  aforesaid,  not  being  residents  of  the  said 
election-district,  and  therefore  not  having  a  lawful  right  then 

and  there  to  register  as  such  voters,  as  the  said  W J. 

C ,  J-    -  E.  S and  F A.  O -,  at  the  time  of  the 

aiding,  counseling,  procuring  and  advising  as  last  aforesaid, 
there  well  knew ;  against,  etc. 

No.  175  (5). 

further  present,  that  the  said  "W J.  C ,  on  the 

-  day  of  ,  in  the  year  of  our  Lord  eighteen  hundred 

and  -  — ,  at aforesaid,  in  the  judicial  district  aforesaid, 

being  then  and  there  a  judge  of  election,  and  a  member  of  the 

proper  board  of  registry,  under  the  laws  of  the  state  of , 

for  the  First  Election-District  of  the  Second  Ward  of  the  said 
city  of ,  at  and  for  a  registration  of  voters  of  that  elec- 
tion-district for  an  election  (to  be  held  within  less  than  thirty 
days  thereafter)  for  a  representative  in  the  Congress  of  the 
said  United  States  from  the  First  Congressional  District  of 
,  did  knowing!}7  and  willfully  register  at  the  same  regis- 
tration, as  voters  of  the  said  election-district,  [§  5512,  E.  S.] 
divers  persons  not  then  entitled  to  be  there  registered  as 

such  voters,  to  wit,  one  E F.  J ,  one  A.  D.  W , 

one  W Y and  one  G S.  S ,  who  were  not 

then  residents  of  the  election-district  aforesaid ;  and  that  the 

said  J E.  S and  F A.   O then  and  there, 

to  wit,  in  the  city  and  judicial  district  aforesaid,  did  know- 

1  Such  registration  is  to  be  deemed  to  be  within  the  meaning  of  Sec.  5512, 
R,  S.,  notwithstanding  it  is  also  made  for  state  purposes.  See  Sec.  5513,  R  S., 
(Repealed  by  Act  of  Feb.  8,  1894.) 


118  FOKMS   ADAPTED  TO  CRIMINAL  CASES. 

ingly  aid,  counsel,  procure  and  advise  the    [§  5512,  R.  S.] 

said  W J.  C ,  so  being  such  officer  of  registration,  so 

knowingly  and  willfully  to  register  as  voters  the  said  persons 
not  entitled  to  be  registered  as  in  this  count  aforesaid; 
against,  etc. 

No.  176  (6). 

further  present,  that  the  said  W J.  C ,  on  the 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  at aforesaid,  in  the  judicial  district  aforesaid,  was 

a  judge  of  election,  and  as  such  a  member  of  the  proper  board 
of  registry,  for  the  First  Election-District  of  the  Second  Ward 

of  the  said  city  of ,  at  a  registration  then  proceeding, 

under  the  laws  of  the  state  of ,  of  voters  of  that  election- 
district,  for  an  election  for  representative  in  the  Congress  of 
the  said  United  States,  that  is  to  say,  the  regular  general 
election  then  next  to  be  held  in  the  said  state,  as  appointed 
by  law,  for  the  choosing  of  state  and  county  officers  and  rep- 
resentatives in  Congress ;  and  that  the  said  W J.  C , 

so  being  such  officer  of  registration,  then  and  there,  to  wit,  in 
[§  551-2,  R.  S.]  the  city  and  districts  aforesaid,  unlawfully 
did  knowingly  and  willfully  register  at  the  same  registration, 
as  voters  of  the  said  election-district,  divers  persons  not  then 
entitled  to  be  there  registered  as  such  voters,  to  wit,  one 

E F.  J (then  calling  himself  J E )  and  one 

A.  D.  "W (then  calling  himself  T.  J.  E ),  who  were 

not  then  residents  of  the  said  election-district,  as  he  the  said 

W J.  C then  and  there  well  knew ;  and  that  the  said 

J E.  S and  F A.  O then  and  there,  to  wit, 

in  the  city  and  judicial  district  aforesaid,  unlawfully  did  knovv- 
[§  5512,  R.  S.]  ingly  aid,  counsel,  procure  and  advise  the 

said  W J.  C ,  so  then  and  there  being  such  officer  of 

registration,  so  unlawfully,  knowingly  and  willfully  to  register 

as  voters  the  said  E F.  J and  A.  D.  W ,  they  the 

said  J E.  S and  F A.  O then  and  there  well 

knowing  the  said  E F.  J and  A.  D.  "W not  to  be 

then  entitled  to  be  registered  as  voters  of  the  said  election- 
district:  Against,  etc. 


CRIMES   AGAINST   THE   ELECTIVE    FRANCHISE,  ETC.  119 


Indictment,  on  Sec.  5522,1  R.  S.,  for  interfering  with  and 
threatening  a  supervisor  of  election ;  and  for  assault- 
ing and  attempting  to  eject  him  from  a  place  of  regis- 
tration. 

No.  177  (1). 

at aforesaid,  in  the  district  aforesaid  and  the 

Congressional  District  of  ,  at  a  registration  of  voters 

then  and  there  duly  held  and  proceeding  in  and  for  the  — 

Election-District  of  the  Ward  of  the  said  city  for  an 

election  of  a  representative  in  the  Congress  of  the  said  United 
States  from  that  congressional  district,  unlawfully  did  ob- 
struct, hinder  and  assault  one  J Y ,  and  interfere 

with  and  prevent  him  the  said  J Y ,     [§  5522,  R.  S.] 

in  the  performance  of  the  duties  then  and  there  required  of 
him  as  a  supervisor  of  election,  and2  then  and  there  unlaw- 
fully did  molest  him  the  said  J Y ,  and  threaten,  at- 
tempt and  offer  to  molest  him  the  said  J Y ,  and  to 

remove  and  eject  him  from  the  place  where  the  said  registra- 
tion was  so  held  and  proceeding  as  aforesaid ;  he  the  said 

J Y having  been  before  that  time  duly  appointed  as 

such  supervisor  of  election  for  the  said  election-district,  for 
the  registration  aforesaid,  and  then  and  there  acting  as  and 

being  such  supervisor  of  election,  and  — h —  the  said 

then  and  there  well  knowing3  the  said  J Y to  be 

such  supervisor  of  election  as  aforesaid :  Against,  etc. 


No.  178  (2). 
at  the  said  city  of ,  in  the  said  District  of 


registration  of  voters  was  duly  held  and  proceeding,  under 

and  pursuant  to  laws  of  the  state  of in  that  behalf,  for 

an  election  to  be  held  on  the day  of  November  then  next 

ensuing,  for  the  choosing  of  a  representative  in  the  Congress 
of  the  said  United  States  from  the Congressional  Dis- 
trict of ;  and  on  the  day  in  this  count  first  mentioned, 

and  while  the  registration  last  aforesaid  was  so  held  and  pro- 

1  This  section  was  repealed  by  Act  of  Feb.  8,  1894. 

2  Not  double.     See  No.  6,  note  Id. 

3Scienter  must  be  alleged     U.  S.  v.  Taylor,  57  F.  R  391. 


120  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

ceeding,  in  the  city  and  judicial  district  aforesaid,  one  J 

V-    -  was  present  and  attending  at  the  place  of  holding  the 

same  registration  in  the  Election-District  of  the  - 

Ward  of  the  said  city,  in  the  same  congressional  district,  in 
tho  discharge  of  his  duties  as  a  supervisor  of  election  for  that 

election-district ;  he  the  said  J V—    -  having  been  before 

that  time  duly  appointed  and  commissioned  as  such  supervisor 
ef  election  as  last  aforesaid,  for  the  registration  and  election 
last  aforesaid,  under  and  pursuant  to  the  provisions  of  Title 
XXVI  of  the  Revised  Statutes  of  the  said  United  States,  and 
then  and  there  being  such  supervisor  of  election,  and  then  and 
at  the  time  of  his  appointment  as  last  aforesaid  a  qualified 
voter  of  the  said  city  of and  the  election-district  afore- 
said, and  the  said  city  having  at  the  time  of  that  appointment, 
and  at  the  time  of  the  registration  last  aforesaid,  upwards  of 

twenty1  thousand  inhabitants:    And  that  the  said  —      , 

on  the  same  day  in  this  count  first  aforesaid,  in  the  city  and 
[§  5522,  R.  8.]  judicial  district  aforesaid,  unlawfully  did  ob- 
struct, hinder  and  assault  the  said  J V ,  he  then  and 

there  being  such  supervisor  of  election,  and  as  such  present 
and  attending  at  the  said  place  of  registration,  as  in  this  count 
aforesaid,  and2  then  and  thereby  force  and  violence  did  inter- 
fere with  and  prevent  him  the  said  J Y-  -  in  the  per- 
formance of  the  duties  then  and  there  required  of  him,  that 
is  to  say,  the  attending  at  the  holding  of  the  same  registra- 
tion in  the  election-district  aforesaid,  the  challenging  of  per- 
sons there  offering  to  register,  the  inspecting  and  scrutinizing 
personally  of  the  registry  in  that  behalf,  and  (the  deputies  of 
the  Marshal  of  the  said  United  States  for  that  judicial  district 
then  being  absent)  the  preserving  of  peace  and  order  at  the 
same  place  of  registration,  and  then  and  there  unlawfully  did 
molest  him  the  said  J V ,  and  threaten,  offer  and  at- 
tempt to  molest  him,  and  to  remove  and  eject  him  from  the 

same  place  of  registration,  — h —  the  said then  and 

there  well  knowing  the  said  J V to  be  such  super- 
visor of  election  for  the  said  election-district  as  in  this  count 
aforesaid ;  against,  etc. 

1  See  Sec.  2011,  R  S.,  (Repealed  by  Act  of  Feb.  8,  1894.) 

2  When  the  several  acts  charged  constitute  one  transaction  they  may  be 
charged  in  one  count     U.  S.  v.  Byrne,  44.  F.  R  188.    And  see  No.  6,  note  16. 


CRIMES   AGAINST   THE    ELECTIVE   FRANCHISE,  ETC.  121 


Indictment,  on  Sec.  5522,  R.  S.,  for  molesting  a  special 
deputy  marshal,  and  ejecting  him  from  a  poll  of  elec- 
tion. 

No.  179  (1). 

-  at aforesaid,  in  the  district  aforesaid  and  the 

Congressional  District  of  ,  at  an  election  then  and  there 

held  for  the  choosing  of  a  representative  in  the  Congress  of 
the  said  United  States  from  that  congres-  [§  5522,  B.  S.] 
sional  district,  unlawfully  did  molest  and  interfere  with  one 

P C ,  then  and  there  a  special  deputy  of  the  Marshal 

of  the  said  United  States  for  the  said  District  of ,  and  re- 
move and  eject  him  the  said  P C from  a  poll  of  the 

said  election,  to  wit,  the  poll  of  election  in  the Election- 
District  of  the Ward  of  the  said  city,  and  threaten,  at- 
tempt and  offer  to  molest  and  interfere  with  him  the  said 

P C ,  and  to  remove  and  eject  him  from  the  said  poll 

of  election;  he  the  said  P C having  before  that  time 

been  duly  appointed  as  such  special  deputy  marshal,  pursuant 
to  the  statute1  in  such  case  made  arnd*  provided-,  for  the  said 
election  so  held  as  aforesaid,  and  then  and  there  acting  as 

and  being  such  special  deputy  marshal ;  and  — h —  the  said 

-  then  and  there  well  knowing  the  said  P C to  be 

such  special  deputy  marshal :  Against,  etc. 


No.  180  (2). 

at  the  said  city  of ,  in  the  said  District  of ,  an 

election  was  held  for  the  choosing,  amongst  other  officers,  of 
a  representative  in  the  Congress  of  the  said  United  States 

from  the  Congressional  District  of  ;  and  the  said 

P C was  then  and  there  present  and  attending  at  a 

poll  of  the  same  election,  to  wit,  the  poll  of  election  in  the 

Election-District  of  the Ward  of  the  said  city,  in 

that  congressional  district,  in  the  discharge  of  his  duties  as  a 
special  deputy  of  the  Marshal  of  the  said  United  States  for 
the  said  District  of ;  he  the  said  P C having  be- 
fore that  time  been  duly  appointed  as  such  special  deputy 

i  Sec.  2021,  R  S.,  (Repealed  by  Act  of  Feb.  8,  1894) 


122  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

marshal,  under  and  pursuant  to  the  provisions  of  Section  two 
thousand  and  twenty-one l  of  the  Revised  Statutes  of  the  said 
United  States,  for  the  said  election  so  held  in  the  said  city  as 
last  aforesaid,  and  then  and  there  being  such  special  deputy 
marshal,  and  then  and  at  the  time  of  his  appointment  as  last 

aforesaid  a  qualified  voter  of  the  said  city  of  ,  and  the 

said  city  being  then  and  at  the  time  of  the  election  last  afore- 
said a  city  of  more  than  twenty  thousand  inhabitants:  And 

that  the  said — ,  on  the  day  and  year  aforesaid,  in  the 

city  and  judicial  district  aforesaid,  unlawfully  did  obstruct, 

[§  5522;  R.  S.]     hinder  and  assault  the  said  P C ,  he 

then  and  there  being  such  special  deputy  marshal,  and  as  such 
present  and  attending  at  the  said  poll  of  election,  as  in  this 
count  aforesaid,  and  then  and  there  by  force  and  violence  did 

interfere  with  and  prevent  him  the  said  P C ,  in  the 

performance  of  the  duties  then  and  there  required  of  him, 
that  is  to  say,  the  preserving  of  order  at  the  poll  of  election 
last  aforesaid,  and  the  preventing  of  fraudulent  voting  thereat, 
[and  the  arresting  and  taking  into  custody  of  a  certain  person 
(whose  name  is  to  the  said  grand  jurors  unknown)  then  and 
there  disturbing  the  peace  and  order  at  the  same  poll  of  elec- 
tion, and  molesting  and  assaulting  the  said  P C—  -  in 

the  execution  of  his  same  office,]  and  then  and  there  unlaw- 
fully did  molest  him  the  said  P C ,  and  remove  and 

eject  him  from  the  poll  of  election  last  aforesaid,  and  threaten, 

attempt  and  offer  to  molest  him  the  said  P C ,  and  to 

remove  and  eject  him  from  the  same  poll  of  election ;  — h — 

the  said then  and  there  well  knowing  the  said  P— — 

C to  be  such  special  deputy  marshal  as  in  this  count 

aforesaid ;  against,  etc. 

No.  181  (3). 

—  further  present,  that  heretofore,  to  wit,  on  the  — 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

— ,  on  the  application2  in  writing  of  more  than  two  citizens 

then  residing  in  the  said  city  of ,  (the  same  then  and  at  the 

time  of  the  election  hereafter  in  this  count  mentioned  being  a 

1  Repealed  by  Act  of  Feb.  8,  1894 

2  See  Sec.  2011,  R  S.,  (Repealed  by  Act  of  Feb.  8,  1894.) 


CRIMES   AGAINST   THE   ELECTIVE   FEANCHISE,  ETC.  123 

city  of  more  than  twenty  thousand  inhabitants,)  in  the  said 

District  of ,  the  Marshal  of  the  said  United  States  for  that 

judicial  district  did  appoint,  pursuant  to  Section  two  thousand 
and  twenty-one  of  the  Revised  Statutes  of  the  said  United 
States,  divers  special  deputy  marshals,  to  attend  the  several 
polls  in  the  several  election-districts  in  the  said  city,  at  the 
time  for  holding  the  general  election  to  be  held  in  the  state 
of on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  the  same  year,  for  the  choosing  of  state  and  county 
officers  and  of  representatives  in  the  Congress  of  the  said 
United  States;  at  which  election,  amongst  other  officers,  a 
representative  in  the  Congress  of  the  said  United  States  from 

the Congressional  District  of  the  said  state  was  to  be 

chosen,  and  in  the Election-District  of  the Ward  of 

the  said  city,  in  that  congressional  district,  to  be  voted  for : 
And  that  the  said  P C ,  on  the  day  and  year  last  afore- 
said, in  the  city  and  judicial  district  aforesaid,  being  then  and 
there  one  of  the  special  deputy  marshals  so  appointed  as  in 
this  count  mentioned,  (and  being  at  the  time  of  his  appoint- 
ment as  last  aforesaid  a  qualified  voter  of  the  said  city,)  was 
present  and  attending,  in  the  discharge  of  his  duties  as  such 
special  deputy  marshal,  at  the  poll  of  election  in  the  election- 
district  aforesaid,  within  the  same  congressional  district,  and 
the  election  last  aforesaid  was  then  and  there  held  and  pro- 
ceeding, (to  wit,  on  the  day  and  year  last  aforesaid,)  for  the 
choosing  as  aforesaid,  amongst  other  officers,  of  a  representa- 
tive in  Congress  from  that  congressional  district.  And  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  further 

present,  that  the  said ,  on  the  same  day  and  year  last 

aforesaid,  and  whilst  the  said  P C ,  so  being  such 

special  deputy  marshal,  was  so  present  and  attending  at  the 
said  poll  of  election,  and  the  said  election  was  so  held  and 
proceeding,  as  in  this  count  aforesaid,  in  the  city  and  judicial 
district  aforesaid,  unlawfully  did  obstruct,  [§  5522;  B.  S.] 

hinder  and  assault  the  said  P C ,  and  by  force  and 

violence  interfere  with  and  prevent  him  the  said  P C , 

in  the  performance  of  the  duties  then  and  there  required  of 
him,  that  is  to  say,  the  attending  at  the  same  poll  of  election 
at  that  time,  the  preserving  of  peace  and  order  at  that  poll  of 
election,  and  the  preventing  of  fraudulent  voting  thereat,  and 


124:  FORMS    ADAPTED   TO   CRIMINAL   GASES. 

the  arresting  and  taking  into  custody  of  persons  then  and 
there  offending  against  the  laws  of  the  said  United  States,  and 

then  and  there  unlawfully  did  molest  him  the  said  P C , 

and  remove  and  eject  him  from  the  poll  of  election  last  afore 
said,  and  threaten,  attempt  and  offer  to  molest  him  the  said 

P C ,  and  to  remove  and  eject  him  from  the  same  poll 

of  election;   — h —  the  said then  and  there  well 

knowing  the  said  P C to  be  such  special  deputy 

marshal  as  in  this  count  aforesaid :  Against,  etc. 


Indictment,  on  Sec.  5523,1  R.  S.,  for  refusing  to  answer 
questions  of  supervisor,  verifying  list  of  voters. 

No.  182  (1). 

present,  that  therefore,  to  wit,  on  the day  of  -  — , 

in  the  year  of  our  Lord  eighteen  hundred  and  -  — ,  at  the 
city  of  -  — ,  in  the  district  aforesaid  and  the  Third  Congres- 
sional District  of ,  a  registration  of  voters  was  held  in 

and  for  the  Fourth  Election-District  of  the  Ninth  "Ward  of 
the  said  city,  for  an  election  of  a  representative  in  the  Con- 
gress of  the  said  United  States  from  that  congressional  dis- 
trict; and  one  H—  -  F.  S ,  then  being  a  supervisor  of 

election  for  the  said  election  district,  then  and  there  made  a 
list  of  the  persons  who  registered  as  voters  therein  at  the  said 
registration,  it  then  and  there  being  necessary  that  such  list 
should  be  made,  and  he  having  then  been  required  by  the 
chief  supervisor  of  elections  for  the  said  judicial  district  to 
make  such  list,  and  to  verify  the  right  so  to  register  of  those 
persons  whose  names  should  be  on  such  list,  and  whose  right 
so  to  register  should  be  honestly  doubted,  by  proper  inquiry 
and  examination  at  the  respective  places  by  those  persons  as- 
signed as  their  residences ;  on  which  said  list  so  made  by  the 

said  H F.  S were  then  the  names  of  certain  persons 

assigning  as  their  places  of  residence  the  premises  No.  53  — 

Street,  in  the  city  and  districts  aforesaid,  to  wit,  C—  -  R , 

J—  —  C and B •,  whose  right  to  register  as  voters 


1  This  section  was  repealed  by  Act  of  Feb.  8,  1894. 


CRIMES    AGAINST  THE   ELECTIVE    FRANCHISE,  ETC.  125 

at  that  registration  was  then  honestly  doubted  by  the  said 
H—  -  F.  S ,  supervisor  of  election  as  aforesaid ;  where- 
upon the  said  H F.  S afterwards,  to  wit,  on  the  — 

day  of ,  in  the  same  year,  then  still  being  such  supervisor, 

proceeded  to  the  said  premises  No.  53 Street,  for  the 

purpose  of  verifying  the  said  list  so  made  as  aforesaid.  And 
the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  fur- 
ther l  present,  that  B Y ,  late  of  the  same  city,  on  the 

day  and  year  last  aforesaid,  and  during  the  progress  of  the 
verification  of  the  said  list,  in  the  city  and  judicial  district  afore- 
said, being  then  and  there,  to  wit,  on  the  said  premises  No.  53 

—  Street,2  lawfully  interrogated  by  the  said  H F.  S , 

supervisor  as  aforesaid,  concerning  the  said  persons  respect- 
ively who  so  assigned  as  their  places  of  residence  the  premises 
aforesaid,  and  concerning  the  right  of  those  persons  respect- 
ively so  to  register  as  aforesaid,  ( — h —  the  said  B Y 

then  residing  at  the  same  premises,)  unlawfully  did  refuse  to 
answer  the  inquiries  so  then  and  there  lawfully  made  by  the 

said  II F.  S ,  supervisor  as  aforesaid,     [§  5523,  E.  S.] 

and  refrain  from  answering  the  same;  against,  etc. 

No.  183  (2). 

at atoresaid,  in  the  Northern  District  aforesaid, 

during  the  progress  of  the  verification  of  a  list  of  the  persons 
who  had  registered  as  voters  in  the  Fourth  Election-District 
of  the  Ninth  "Ward  of  the  said  city,  for  the  election  then  next 
to  be  held  for  the  choosing  of  a  representative  in  the  Congress 
of  the  said  United  States  from  the  Third  Congressional  Dis- 
trict of ,  (the  same  being  a  list  made  under  the  provisions 

of  Title  "  The  Elective  Franchise  "  of  the  Eevised  Statutes  of 
the  said  United  States,)  unlawfully  did  refuse  to  answer  cer- 
tain inquiries  then  and  there  lawfully  made  [§  5523,  B.  S.] 

of  h—  the  said  B Y-    -  by  one  H—    -  F.  S ,  then 

supervisor  of  election  for  the  said  election-district,  and  duly 
authorized  in  that  behalf,  and  did  refrain  from  answering  the 

1  See  No.  6,  note  14 

2  The  inquiries  must  be  made  at  the  places  assigned  as  residences.     U.  S. 
v.  Davis,  6  F.  R  682. 


126  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

same,  that  is  to  say,  certain  inquiries  touching  divers  names 
on  the  last-mentioned  list  appearing  as  names  of  persons  resid- 
ing at  the  premises  No.  53 Street,  (where  the  said  B 

Y—  -  then  resided  and  the  said  inquiries  were  then  made  as 
aforesaid,)  in  the  election-district  aforesaid,  as  to  whether  such 
persons  actually  resided  at  those  premises,  and  had  a  right  to 
register  as  voters  of  that  election-district  at  the  election  last 
aforesaid :  Against,  etc. 


OFFICIAL  MISCONDUCT,  ETC. 


Indictment,  on  Act  of  April  18, 1884,  (1  Supp.  R.  S.,  2d  Ed., 
425,)  for  demanding  and  obtaining  money  in  pretended 
character  of  an  officer  of  the  United  States ;  with  a 
count  on  Sec.  5484,  R.  S.,  for  receiving  money  under 
threat  of  informing,  and  as  a  consideration  for  not  in- 
forming, against  others,  for  violation  of  internal-reve- 
nue law. 

No.  184  (1). 

with  intent  to  defraud  one  E B and  one  M 

B ,  unlawfully  did  falsly  assume  and  pretend  to  be  an 

officer  and  employee  acting  under  the     [Act  April  18,  1884.] 
authority  of  the  Collector  of  Internal  Kevenue  of  the  said 

United  States  for  the Collection-District  of ,  and  in 

such  pretended  character  unlawfully  did  demand  and  obtain 

from  them  the  said  E B •  and  M B a  sum  of 

money,  to  wit,  the  sum  of ;  against,  etc. 

No.  185  (2). 

at aforesaid,  in  the  said  District  of ,  with  in- 
tent to  defraud  one  E B and  one  M B ,  un- 
lawfully did  falsely  assume  and  pretend  [Act  April  18, 1884.] 
to  be  an  officer  and  employee  acting  under  the  authority  of 
the  Commissioner  of  Internal  Eevenue  of  the  United  States, 
and  in  such  pretended  character  unlawfully  did  demand  and 

obtain  from  them  the  said  E B and  M B a 

sum  of  money,  to  wit,  the  sum  of ;  against,  etc. 

BTo.  186  (3). 

at aforesaid,  in  the  judicial  district  aforesaid,  with 

intent  to  defraud  one  E B and  one  M B ,  un- 
lawfully did  falsely  assume  and  pre-     [Act  April   18,  1884.] 


123  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

tend  to  be  an  officer  and  employee  acting  under  the  authoritv 
of  the  said  United  States,  to  wit,  a  revenue  officer  and  em- 
ployee, and  in  such  pretended  character  did  fraudulently  de- 
mand and  obtain  from  them  the  said  E B and  M 

B a  sura  of  money,  to  wit,  the  sum  of ;  against,  etc. 

No.  187  (4). 

at  aforesaid,  in  the  judicial  district  aforesaid, 

under  a  threat  on  — h —  part  of  informing  against  one  E — 

B and  one  M B ,  and l  as  a  consideration  for  not 

informing  against  them,  for  a  violation  of  an  internal-revenue 
law  of  the  said  United  States,  to  wit,  the  law  forbidding  the 
carrying  on  of  the  business  of  a  retail  liquor-dealer  without 
having  paid  the  special  tax  therefor,  unlawfully  did  receive 

[§  5484,  R.  S.]    from  the  said  E B and  M B— 

a  sum  of  money,  to  wit,  the  sum  of ;  against,  etc. 


Indictment,  on  Sec.  5485,  R.  S.,  (Sec.  4,  Act  of  July  4, 
1884, 1  Supp.  R.  S.,  2d  Ed.,  453,)  against  pension  attor- 
ney, for  contracting  for,  and  demanding  and  receiving 
from  a  pensioner,  more  than  $25.00,  and  more  than 
provided  in  Sec.  3  of  the  Act  of  July  4,  1884,  for  such 

services. 

No.  188  (1). 

being  then  and  there  an  agent  for,  and  a  person  instru- 
mental2 in,  prosecuting  a  certain  claim  of  one  B —  -  C — 
for  a  pension  from  the  said  United  States,  unlawfully 3  did 

contract  for  with  the  said  B —  -  C ,  and  demand  from 

[§  5485,  R.  S.,  as  am.]  him,  for  the  services  and  instrumen- 
tality of  him  the  said  -  -  in  prosecuting  the  said  claim, 
a  greater  compensation  than  twenty-five  dollars,  to  wit,  the 
sum  of ;  against,  etc. 


1  Not  double.    See  U.  S.  v.  Fero,  18  F.  R  901.    And  see  No.  6,  note  16. 

2  Indictment  need  not  state  how  defendant  was  instrumental,  or  what  he 
did.     U.  S.  v.  Koch,  21  F.  R  873. 

8  Offense  being  simply  malum  prohibitum,  need  not  be  charged  to  have 
been  done  "  willfully  and  knowingly."  Ib.  See  No.  63,  note  1 ;  No.  6,  notes 
8  and  9;  and  No.  213,  note  6. 


OFFICIAL   MISCONDUCT,  ETC.  129 

No.  189  (2). 

being  then  and  there  an  agent  and  attorney  for,  and  a 

person  instrumental  in,  prosecuting  a  certain  claim  for  pen- 
sion, that  is  to  say,  a  certain  claim  of  one  B C ,  as  a 

soldier  before  that  time  in  the  armies  of  the  said  United  States, 
for  a  pension  from  the  said  United     [§  5485,  R.  S.,  as  am.] 
States,  unlawfully  did  demand  and  receive  from  the  said  B — 
C-   — ,  for  the  services  and  instrumentality  of  him  the  said 

in  prosecuting  the  claim  last  aforesaid,  a  greater 

compensation  than  twenty-five  dollars,  to  wit,  the  sum  of ; 

against,  etc. 

No.  190  (3). 


was  an  agent  and  attorney  for  prosecuting  a  certain 

claim  for  pension,  and  was  instrumental  in  prosecuting  the 

same  claim,  that  is  to  say,  a  certain  claim  of  one  B C 

to  be  placed  upon  the  roll  of  invalid  pensioners  of  the  said 
United  States  as  being  partly  disabled  by  reason  of  disease 
contracted  by  him  while  in  the  military  service  of  the  said 
United  States  as  an  enlisted  man,  and  in  the  line  of  his  duty 
as  such,  in  the  year  eighteen  hundred  and  sixty-three:  And 

that  the  said ,  so  being  such  agent  and  attorney  for, 

and  person  instrumental  in,  prosecuting  the  claim  last  afore- 
said, on  the  said day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at aforesaid,  in  the  district 

aforesaid,  unlawfully  did  demand  and  receive  from  the  said 

B C ,  [or,  from  one  "W H.     [§  5485,  K.  S.,  as  am.] 

B ,  (then   acting  for  and   on  behalf  of  the  said  B 

C ,)]  for  the  services  and  instrumentality  of  him  the  said 

in  prosecuting  the  same  claim,  a  large  sum  of 

money,  to  wit,  the  sum  of ,  the  same  then  and  there  being 

a  greater  compensation  than  is  provided  in  the  act  of  Con- 
gress entitled  "  An  act  making  appropriations  for  the  payment 
of  invalid  and  other  pensions  of  the  United  States  for  the 
fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  eighty- 
five,  and  for  other  purposes,"  approved  July  fourth,  eighteen 
hundred  and  eighty-four;  against,  etc. 
9 


130  FORMS   ADAPTED  TO  CRIMINAL  CASES. 


Indictment,  on  Sec.  5485,  R.  S.,  (Sec.  4,  Act  of  July  4, 1884, 
1  Supp.  B.  S.,  2d  Ed.,  453,)  against  pension  attorney  for 
withholding  part  of  pensioner's  pension;  and  for  re- 
ceiving a  greater  compensation  for  his  services  than 
$25.00. 

No.  191  (1). 

unlawfully  did  wrongfully  withhold  from  one  J — 

C-  —  a  large  sura  of  money,  to  wit,  the  sura  of  -  — ,  the 
[§  5485,  R.  S.,  as  am.]  same  then  and  there  being  part  of  a 
pension  allowed  and  due  by  the  said  United  States  to  the 

said  J C ,  and  the  said  —          —  then  and  there  being 

an  agent  for,  and  a  person  instrumental  in,  prosecuting  the 

claim  of  the  said  J C for  the  pension  aforesaid; 

against,  etc. 

No.  192  (2). 

being  then  and  there  an  agent  and  attorney  for,  and 

a  person  instrumental  in,  prosecuting  a  certain  claim  of  one 
J C for  a  pension  from  the  said  United  States,  un- 
lawfully did  demand,  receive  and  retain  from  the  said  J— 
[§  5485,  R.  S.,  as  am.]     C ,  for  the  services  and  instru- 
mentality of  him  the  said in  prosecuting  the  claim 

last  aforesaid,  a  greater  compensation  than  twenty-five  dol- 
lars, to  wit,  the  sum  of ;  against,  etc. 


No.  193  (3). 

was  an  agent  and  attorney  for  prosecuting  a  certain 

claim  for  pension,  and  was  instrumental  in  prosecuting  the 
same,  that  is  to  say,  a  certain  claim  of  one  J—  -  C—  -  to  be 
placed  upon  the  roll  of  invalid  pensioners  of  the  said  United 
States,  and  receive  a  pension,  as  being  partly  disabled  by 
reason  of  injuries  received  by  him  while  in  the  military  serv- 
ice of  the  said  United  States,  as  an  enlisted  man  [or,  as  an 
officer,]  and  in  the  line  of  his  duty  as  such,  in  the  year  eight- 
een hundred  and  sixty-four:  And  that  the  said , 

so  being  such  agent  and  attorney  for,  and  person  instrumental 

in,  prosecuting  the  claim  last  aforesaid,  on  the  said day 

of ,  in  the  year  of  our  Lord  eighteen  hundred  and , 


OFFICIAL  MISCONDUCT,  ETC.  131 

at  aforesaid,  in  the  district  aforesaid,  unlawfully  did 

demand,  receive  and  retain  from  the     [§  5485,  R.  S.,  as  am.] 

said  J 0 ,  for  the  services   and  instrumentality  of 

him  the  said in  prosecuting  the  same  claim,  a  large 

sum  of  money,  to  wit,  the  sum  of ,  the  same  then  and  there 

being  a  greater  compensation  than  is  provided  in  the  act  of 
Congress  entitled  "  An  act  making  appropriations  for  the  pay- 
ment of  invalid  and  other  pensions  of  the  United  States  for 
the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
eighty-five,  and  for  other  purposes,"  approved  July  fourth, 
eighteen  hundred  and  eighty-four ;  against,  etc. 

Indictment,  on  Sec.  5485,  R.  S.,  (Sec.  4,  Act  of  July  4, 1884, 
1  Supp.  B.  S.,  2d  Ed.,  453,)  against  one  (instrumental 
in  prosecuting  claim  of  the  mother  of  a  deceased  sol- 
dier, for  a  pension,)  for  demanding,  receiving  and  re- 
taining more  than  $25.00  for  his  services. 

No.  194  (1). 

before  and  on  the day  of ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  at aforesaid,  in  the  dis- 
trict aforesaid,  was  instrumental  in  prosecuting  a  certain  claim 
for  pension,  against  the  said  United  States,  that  is  to  say,  a 

certain  claim  of  one  Caroline  K for  a  pension   as  the 

mother  of  G K ,  deceased,  late  a  private  soldier  in 

Company  C  of  the Eegiment  of Cavalry,  in  the  serv- 
ice of  the  said  United  States :  And  that  the  said then 

and  there,  to  wit,  on  the  day  aforesaid,  in  the  city  and  district 
aforesaid,  unlawfully  did  demand,  receive  and  retain  from  the 

[§  5485,  R.  S.,  as  am.]     said  Caroline  K ,  for  the  services 

and  instrumentality  of  him  the  said in  prosecuting 

the  said  claim,  a  greater  compensation  than  twenty-five  dol- 
lars, to  wit,  the  sum  of ;  against,  etc. 

No.  195  (2). 

on  the  said day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at aforesaid,  in  the  district 

aforesaid,  was  instrumental  in  prosecuting  a  certain  claim  of 
one  Caroline  K against  the  said  United  States,  for  pen- 


132  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

sion,  that  is  to  say,  a  certain  claim  of  the  said  Caroline  K— 

for  a  pension  as  the  mother  of  one  G  -    -  K ,  deceased, 

late  a  soldier  in  the  service  of  the  said  United  States:  And 

that  the  said then  and  there,  to  wit,  on  the  day 

aforesaid,  in  the  city  and  district  aforesaid,  unlawfully  did  de- 
[§  5485,  R.  S.,  as  am.]  mand  and  receive  from  the  said 

Caroline  K- ,  for  the  services  and  instrumentality  of  him 

the  said in  prosecuting  the  claim  last  aforesaid,  a 

greater  compensation  than  twenty-five  dollars,  to  wit,  the 
sum  of ;  against,  etc. 

Indictment,  on  Sec.  5485,  R.  S.,  (Sec.  4,  Act  of  July  4, 
1884, 1  Snpp.  R.  S.,  2(1  Ed.,  453,)  against  pension  attor- 
ney (for  a  widow  pensioner),  for  demanding  and  receiv- 
ing money  over  and  above  a  sum  allowed  by  the  Com- 
missioner of  Pensions;  and  for  demanding,  etc.,  more 

than  $25.00. 

No.  196  (1). 

was  an  agent  and  attorney  for  one  Mary  B ,  in  the 

matter  of  a  certain  claim  for  pension  against  the  said  United 
States,  and  was  instrumental  in  prosecuting  the  said  claim, 

that  is  to  say,  a  certain  claim  of  the  said  Mary  B for  a 

pension  as  the  widow  of  one  C B ,  late  a  private 

soldier  in  Company  D  of  the Regiment  of  -     -  Volunteer 

Infantry;  and  that  the  Commissioner  of  Pensions  of  the  said 
United  States  had  before  that  time  directed  to  be  paid  to  the 
said ,  for  his  services  and  instrumentality  in  prose- 
cuting the  said  claim,  the  sum  of  twenty  dollars;  and  that  the 

said then  and  there  unlawfully  did  demand,  receive 

[§  5485,  R.  S.,  as  am.]    and  retain  from  the  said  Mary  B , 

for  his  services  and  instrumentality  in  prosecuting  the  said 
claim,  the  further  sum  of  one  hundred  dollars,  over  and  above 
the  said  sum  of  twenty  dollars  so  directed  to  be  paid  to  him 
the  said in  that  behalf  as  aforesaid;  against,  etc. 

No.  197  (2). 

being  there  before  that  time  and  then  an  agent  and 

attorney  for,  and  instrumental  in,  prosecuting  avcertain  other 
claim  of  the  said  Mary  B for  a  pension,  unlawfully  did 


OFFICIAL   MISCONDUCT,  ETC.  133 

demand  and  receive,  for  his  services     [§  5485,  R.  S.,  as  am.] 

and  instrumentality  in  prosecuting  the  claim  last  aforesaid,  a 
greater  compensation  than  twenty-live  dollars,  to  wit,  the  sum 
of  one  hundred  dollars;  against,  etc. 


Indictment,,  on  Sec.  5485,  R.  S.,  (Sec.  4,  Act  of  July  4, 1884, 
1  Supp.  R.  S.,  2d  Ed.,  453,)  against  a  pension  attorney, 
for  contracting  for  with,  and  demanding  and  receiving 
from,  wife  of  an  insane  pensioner,  and  from  his  con- 
servator, compensation  greater  than  that  allowed  by 
law. 

No.  198  (1). 

-  being  then  and  there  an  agent  and  attorney  for,  and 
a  person  instrumental  in,  prosecuting  a  certain  claim  of  one 
"W-  -  "W-  -  for  a  pension  from  [§  5485,  R.  S.,  as  am.] 
the  said  United  States,  unlawfully  did  demand,  and  receive 

from  one  Mary  W ,  (then  and  there  acting  for  and  in  the 

interest  of  the  said  W-  -  W in  that  behalf,)  for  the  serv- 
ices and  instrumentality  of  him  the  said in  prose- 
cuting the  said  claim,  a  greater  compensation  then  twenty-five 
dollars,  to  wit,  the  sum  of  — — ;  against,  etc. 


No.  199  (2). 

-  was  an  agent  and  attorney  for  prosecuting  a  certain 
claim  for  pension,  that  is  to  say,  a  certain  claim  made  by  one 

Mary  W ,  for  and  on  behalf  of  her  husband,  "W W , 

an  insane  person,  to  have  the  said  W W placed  upon 

the  roll  of  invalid  pensioners  of  the  said  United  States,  and 
receive  a  pension,  as  being  disabled  by  reason  of  disease  con- 
tracted by  him  while  in  the  military  service  of  the  said  United 
States,  as  an  enlisted  man,  [or,  as  an  officer,]  and  in  the  line 
of  his  duty  as  such,  in  the  war  of  eighteen  hundred  and  sixty-one: 
And  that  the  said  -  — ,  so  being  such  agent  and  attorney 

for  prosecuting  the  claim  last  aforesaid,  on  the  said day 

of ,  in  the  year  of  our  Lord  eighteen  hundred  and  -  — , 

within  the  [county]  and  district  aforesaid,  unlawfully  did  con- 
tract for  with  the  said  Mary  W ,  [§  5485,  R.  S.,  as  am.] 

and  demand  and  receive  from  her,  for  the  services  and  instru- 


134:  FOEMS   ADAPTED   TO   CRIMINAL   CASES. 

mentality  of  him  the  said in  prosecuting  the  same 

claim,  a  greater  compensation  than  twenty-five  dollars,  to  wit, 

the  sum  of  ;  against,  etc.  [0?-,  in  prosecuting  the  same 

clai ;.•),  a  large  sum  of  money,  to  wit,  the  sum  of -,  the  same 

then  and  there  being  a  greater  compensation  than  is  provided 
in  the  act  of  Congress  entitled  "  An  act  making  appropriations 
for  the  payment  of  invalid  and  other  pensions  of  the  United 
States  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hun- 
dred and  eighty-five,  and  for  other  purposes,"  approved  July 
fourth,  eighteen  hundred  and  eighty-four ;  against,  etc.] 

•  No.  200  (3). 

being  then  and  there  an  agent  and  attorney  in  prose- 
cuting a  certain  claim  of  one  W W ,  an  insane  per- 
son, by  his  conservator,  S—  -  W ,  for  a  pension  from  the 

said  United  States,  unlawfully  did  demand  and  receive  from 

[§  5485,  R.  S.,  as  am.]    the  said  S—  -W ,  (then  and  there 

being  such  conservator  as  aforesaid,)  for  the  services  and  in- 
strumentality of  him  the  said in  prosecuting  the 

same  claim,  a  greater,  etc. ;  [or,  a  large  sum,  etc.;']  against,  etc. 

No.  201  (4). 

was,  etc.  (as  in  second  count  to  the  word  "  unlaw- 
fully") unlawfully  did  demand  and  receive  from  one  S— 

W ,  then  conservator  of  the  said  W-    -  W ,  insane  as 

[§  5485,  R.  S.,  as  am.]  aforesaid,  for  the  services  and  in- 
strumentality of  him  the  said in  prosecuting  the 

same  claim,  a  greater,  etc.;  [or,  a  large  sura,  etc.;]  against,  etc. 

No.  202  (5). 

-  was  an  agent  and  attorney  in  prosecuting  a  certain 
claim  for  pension,  that  is  to  say,  a  certain  claim  theretofore 

made  by  one  Mary  W ,  for  and  on  behalf  of  one  W 

W ,  her  husband,  an  insane  person,  for  a  pension  for  the 

said  "W W ,  under  the  laws  of  the  said  United  States 

concerning  pensions :  And  that  the  said •—  then  and 

there,  so  being  such  agent  and  attorney  in  prosecuting  the 
claim  last  aforesaid,  unlawfully  did  demand  and  receive  from 


OFFICIAL   MISCONDUCT,  ETC.  135 

one  S "W ,  then  conservator    [§  5485,  E.  S.,  as  am.] 

of  the  said  W W ,  insane  as  aforesaid,  for  the  serv- 
ices and  instrumentality  of  him  the  said in  prose- 
cuting the  same  claim,  etc.;  against,  etc. 


Indictment,  on  Sec.  5490,  E.  S.,  against  internal-revenue 
officer,  for  embezzling  public  moneys;  with  counts  on 
Sec.  5497,  E.  S.,  (1  Supp.  E.  S.,  2d  Ed.,  213,)  for  embez- 
zling and  converting  United- States  money  and  revenue- 
stamps. 

No.  203  (1). 

being1  then  and  there  a  deputy  collector*  of  internal- 
revenue  of  the  said  United  States  for  the Internal- Revenue 

Collection- District  of ,  and  as  such  deputy  collector  being 

then  and  there  an  officer  charged  by  act  of  Congress  with  the 
safe-keeping  of  the  public  moneys,  unlaw-  [§  5490,  E.  S.] 
fully  did  fail  to  keep  safely  certain  moneys  amounting  to  the 

sum  of  dollars,  and  of  the  value  of  dollars,  the 

same  then  and  there  being  public  moneys  of  the  said  United 

States  in  the  hands  of  the  said  as  such  deputy 

collector,  and  3  the  same  moneys  then  and  there  unlawfully  and 
feloniously  did  convert  to  his  own  use,  and  thereby  embezzle ; 
against,  etc. 

No.  204  (2). 

being  then  and  there  a  deputy  of  the  Collector  of  Inter- 
nal-Revenue for  the Internal-Revenue  Collection-District 

of ,  and  as  such  deputy  collector  being  then  and  there 

charged  by  act  of  Congress  (to  wit,  by  the  internal-revenue 
laws  of  the  said  United  States,)  with  the  safe-keeping  of  the 
public  moneys,  unlawfully  did  fail  to  keep  [§  5490,  E.  S.] 

safely  certain  other  moneys  amounting  to  the  sum  of > 

and  of  the  value  of ,  the  same  then  and  there  being  pub- 
lic moneys  of  the  said  United  States  in  the  hands  of  the  said 

1  "  Being  "  is  a  direct  averment     U.  S.  v.  Bomemann,  36  F.  R  257.    (And 
see,  also.  No.  6,  note  7.) 

2  Indictment  should  state  what  office  defendant  held.    Ib. 

3  Not  double.    See  No.  6,  note  16. 


136  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

as  such  deputy  collector,  and  the  same  moneys  then 

and  there  unlawfully  and  feloniously  did  convert  to  his  own 
use,  and  thereby  embezzle;  against,  etc. 

Ne.  205  (3). 

was  a  deputy  collector  of  internal  revenue  for  the 

Internal- Revenue  Collection- District  of ,  and  as  such  deputy 

collector  was  then  and  there  an  officer  charged  by  an  act  of 
Congress  with  the  safe-keeping  of  the  public  moneys  of  the 
said  United  States,  to  wit,  by  the  act  of  Congress,  entitled 
u  An  act  to  amend  existing  customs  and  internal-revenue  laws, 
and  for  other  purposes"  approved  the  eighth  day  of  February, 
in  the  year  of  our  Lord  eighteen  hundred  and  seventy-Jive; 

and  the  said ,  by  virtue  of  his  same  office,  and  while  he 

was  such  officer  and  so  charged  as  in  this  count  aforesaid,  on 
the day  of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  -  — ,  within  the  city  and  judicial  district  aforesaid, 
did  have,  receive,  and  take  into  his  possession  divers1  notes  of 
the  national-bank  currency  of  the  said  United  States,  and 
divers  United-States  notes,  treasury-notes,  legal-tender  notes 
and  silver-certificates,  of  the  paper  currency  emitted  by  the 
said  United  States,  and  divers  gold  coins,  silver  coins,  copper- 
nickel  coins  and  copper  coins,  of  the  coinage  of  the  said  United 
States,  amounting  in  the  whole  to  a  large  sum  of  money,  to 

wit,  the  sum  of  -  — ,  and  of  the  value  of ;  the  same  then 

and  there  being  public  moneys,  and  the  moneys  and  property 
of  the  said  United  States;  the  particular  kinds,  descriptions, 
numbers,  amounts  and  values  of  each  of  which  said  national- 
bank  notes,  United-States  notes,  treasury-notes,  legal-tender 
notes,  silver-certificates,  gold  coins,  silver  coins,  copper-nickol 
coins  and  copper  coins  respectively  the  grand  jurors  aforesaid 
have  no  means  of  knowing,  and  therefore  can  not  set  forth  in 

this  indictment :  And  that  the  said then  and  there 

unlawfully  did  fail  to  keep  safely  the  said  national- bank  notes, 
[§  5490,  R.  S.]     United-States  notes,  treasury-notes,  legal 
tender  notes,  silver-certificates,  gold  coins,  silver  coins,  copper- 
nickel,  coins  and  copper  coins,  without  loaning  or  using  the 

1  Kind  of  money,  number  of  bills  or  coins,  need  not  be  stated  as  at  com- 
mon law.     U.  S.  v.  Bornemann,  30  F.  R  -257. 


OFFICIAL   MISCONDUCT,  ETC.  137 

same,  or  converting  the  same  to  his  own  use,  or  depositing 
the  same  in  banks,  or  exchanging  the  same  for  other  funds 
than  as  specially  allowed  by  law,  and  the  same  national-bank 
notes,  United-States  notes,  treasury-notes,  legal-tender  notes, 
silver-certificates,  gold  coins,  silver  coins,  copper-nickel  coins 
and  copper  coins  then  and  there  unlawfully  and  feloniously 
did  convert  and  appropriate  to  his  own  use,  and  thereby  em- 
bezzle; against,  etc. 

No.  206  (4). 

being  then  and  there  an  officer  employed  in  the  in- 
ternal-revenue service  of  the  said  United  States,  to  wit,  a  dep- 
uty collector  of  internal  revenue  for  the Internal- Revenue 

Collection- District  of ,  unlawfully  and  feloniously  did  em- 
bezzle and  wrongfully  convert  to  his  [§  54-97,  B.  S.,  as  am.] 
own  use  certain  other  money,  to  a  large  amount,  to  wit,  to 

the  amount  of ,  (any  more  particular  description  of  which 

money  is  to  the  said  grand  jurors  unknown,)  and  of  the  value 
of ,  of  the  money  of  the  said  United  States,  and  one  hun- 
dred stamps  for  denoting  the  internal-revenue  tax  on  fermented 

liquor 8)  each  of  the  denomination  and  value  of ,  and  one 

hundred  other  stamps  for  denoting  the  internal-revenue  tax  on 

fermented  liquors,  each  of  the  denomination  and  value  of , 

and  one  hundred  stamps  for  denoting  the  internal-revenue  tax 

on  cigars,  each  of  the  denomination  and  value  of ,  and  one 

hundred  stamps  for  denoting  the  internal-revenue  tax  on  man- 
ufactured tobacco,  each  of  the  denomination  and  value  of , 

and  one  hundred  other  stamps  for  denoting  the  internal-revenue 
tax  on  manufactured  tobacco,  each  of  the  denomination  and  value 

of ,  of  the  stamps  and  property  of  the  said  United  States ; 

against,  etc. 

No.  207  (5). 

being  then  and  there  an  officer  of  the  said  United 

States,  to  wit,  a  deputy  collector  of  internal  revenue  for  the 

Internal-Revenue  Collection-District  of ,  unlawfully  and 

feloniously  did  embezzle  and  wrongfully  convert  to  his  own 
use  certain  other  money,  to  a  large  [§  5497,  R.  S.,  as  am.] 
amount,  to  wit,  to  the  amount,  etc.,  [as  in  the  fourth  counf],  of 
the  stamps  and  property  of  the  said  United  States  then  and 


136  FORMS    ADAriED   TO   CRIMINAL   CASES. 

there  being;  which  said  money  and  stamps  so  by  the  said 


embezzled  and  wrongfully  converted  as  in  this  count  afore- 

O  v 

said  had  before  that  time  come  into  his  possession  and  under 
his  control  in  the  execution  of  his  same  office,  and  under  color 
of  authority  as  such  officer  as  last  aforesaid :  Against,  etc. 


Indictment;  on  Sec.  5497,  R.S.,  for  receiving  public  money 
from  an  agent  of  the  United  States  in  payment  of 
agent's  private  debt. 

No.  208  (1). 

not  being  then  and  there  an  authorized  depositary  of 

public  moneys,  unlawfully  and  feloniously,  and  not  in  pay- 
[§  5497,  R.  S.,  as  am.]    ment  of  a  debt  against  the  said 

United  States,  did  knowingly  receive  from  one  E A. 

T ,  then  and  there  being  an  agent  of  the  said  United 

States,  to  wit,  a  deputy  collector  of  internal  revenue  for  the 
-  Internal-Revenue  Collection- District  of ,  certain  pub- 
lic money  of  the  said  United  States,  to  a  large  amount,  to  wit, 

to  the  amount  and  value  of ,  and  thereby  did  embezzle 

the  same ;  against,  etc. 


No.  209  (2). 

-  not  being  then  and  there  an  authorized  depositary  of 
[§  5497,  R.  S.,  as  am.]  public  moneys,  unlawfully  and  felo- 
niously did  knowingly  receive  from  one  E—  -  A.  T ,  then 

and  there  being  an  agent  of  the  said  United  States,  to  wit,  a 
deputy  collector  of  internal  revenue  of  the  said  United  States 
for  the  -  -  Internal- Revenue  Collection-District  of ,  cer- 
tain other  public  money  of  the  said  United  States,  to  a  large 
amount,  to  wit,  to  the  amount  and  value  of  -  — ;  which  pub- 
lic money  last  aforesaid  the  said then  and  there  un- 
lawfully and  feloniously  did  knowingly  receive  from  the  said 

E —  -  A.  T ,  so  being  such  agent  of  the  said  United  States, 

in  payment  and  on  account  of  a  supposed  debt  of  the  said 
E A.  T—  -  to  him  the  said  -  — ,  and  not  in  pay- 

ment of  any  debt  of  or  lawful  claim  against  the  said  United 
States,  and  thereby  the  same  public  money  then  and  there 
unlawfully  and  feloniously  did  embezzle:  Against,  etc. 


OFFICIAL   MISCONDUCT,  ETC.  139 

No.  210  (3). 

not  being  then  and  there  an  authorized  depositary  of 

public  moneys,  unlawfully  and  feloniously  did  knowingly  re- 
ceive from  one  E A.  T ,  then  and  there  being  an  agent 

of  the  said  United  States,  to  wit,  a  deputy  collector  of  internal 
revenue  for  the  Internal-Revenue  Collection-District  of 

— ,  divers  notes  of  the  national-bank  currency  of  the  said 
United  States,  and  divers  United-States  notes,  treasury-notes, 
legal-tender  notes  and  silver-certificates,  of  the  paper  currency 
emitted  by  the  said  United  States,  and  divers  gold  coins  and 
silver  coins  of  the  coinage  of  the  said  United  States,  (the  par- 
ticular kinds,1  descriptions,  numbers,  amounts  and  values  of 
which  said  national-bank  notes,  United-States  notes,  treasury- 
notes,  legal-tender  notes,  silver-certificates,  gold  coins  and 
silver  coins  respectively  the  grand  jurors  aforesaid  have  no 
means  of  knowing,  and  therefore  cannot  set  forth  in  this  in- 
dictment,) in  the  whole  amounting  to  a  large  sum  of  money, 

to  wit,  the  sum  of ,  and  of  the  value  of ,  and  being 

then  and  there  public  money  of  the  said  United  States ;  which 
said  national-bank  notes,  United-States  notes,  treasury-notes, 
legal-tender  notes,  silver-certificates,  gold  coins  and  silver 

coins,  so  beiag  such  public  money,  the  said then  and 

there  did  knowingly  receive  from  the  said  E A.  T ,  so 

being  such  agent  of  the  said  United  States,  in  payment  and 

on  account  of  a  supposed  debt  of  the  said  E — —  A.  T to 

him  the  said ,  and  not  in  payment  of  any  debt  of  or 

lawful  claim  against  the  said  United  States.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 

said then  and  there,  in  manner  and  form  in  this 

count  aforesaid,  not  being  an  authorized  depositary  of  public 
moneys,  unlawfully  and  feloniously  did  knowingly  receive 
public  money  from  an  agent  of  the  [§  5497,  R.  S.,  as  am.] 
said  United  States,  otherwise  than  in  payment  of  a  debt  against 
the  said  United  States,  and  thereby  the  same  public  money 
of  the  said  United  States  then  and  there  unlawfully  and  felo- 
niously did  embezzle ;  against,  etc. 

1  See  No.  205,  note  1. 


140  FORMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment;  on  Sec.  5497,  R.  S.,  for  receiving  public  money 
(not  being  depositary)  from  an  agent  ot  the  United 
States;  with  a  count  on  Sec.  2,  Act  March  3,  1875, 
(1  Supp.  R.  S.,  2d  Ed.,  89,)  for  receiving  moneys  stolen 
from  the  United  States,  knowing  them  to  have  been 
stolen. 

No.  211  (1). 

-  not  then  and  there  being  an  authorized  depositary  of 
public  moneys,  unlawfully  and  feloniously,  and  not  in  pay- 
[§  5497,  R.  S.]  ment  of  a  debt  against  the  said  United  States, 

did  knowingly  receive  from  one  W H.  B ,  then  and 

there  being  an  agent  of  the  said  United  States,  to  wit,  a  clerk 
in  the  post-office  there,  certain  public  money  of  the  said  United 
States,  to  the  amount  and  value  of  a  large  sum,  to  wit,  the 
sum  of ;  against,  etc. 


No.  212  (2). 

—  feloniously  did  receive,  conceal,  aid  in  concealing,  have 
[Sec.  2,  Act  March  3, 1875.]  and  retain  in  his  possession,  with 
intent  to  convert  to  his  own  use,  divers  moneys,  (the  several 
kinds,1  descriptions,  denominations  and  values  whereof  the 
grand  jurors  aforesaid  have  no  means  of  ascertaining,  and 
therefore  cannot  particularly  herein  set  forth,)  together  amount- 

ing  to  a  large  sum  of  money,  to  wit,  the  sum  of ,  and  of 

the  value  of ,  and  then  and  there  being  the  moneys  and 

property  of  the  said  United  States,  which  moneys  last  afore- 
said had  theretofore  been  feloniously  stolen,  purloined  and 
embezzled  from  the  said  United  States  by  one  "W—  —  H.  B — •- ; 

he  the  said then  and  there  well  knowing  the  same 

moneys  to  have  been  so  feloniously  stolen,  purloined  and  em- 
bezzled as  aforesaid;  against,  etc. 

i  See  No.  205,  note  1. 


CRIMES  AGAINST  JUSTICE. 


Indictment,  on  Sec.  5392,  R.  S.,  against  a  witness,  for  per- 
jury in  a  United-States  court. 

No.  213. 

present,  that  at  the  term,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  of  the  District  Court  of  the 

said  United  States  for  the  district  aforesaid,  to  wit,  on  the 

—  day  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  at  the  city  of ,  in  the  district  aforesaid,  there 

came  on  to  be  tried  in  the  said  court,  before  the  Honorable 

H "W.  B ,  then  and  still  judge  thereof,  and  a  jury  duly 

empanelled  and  sworn  for  that  purpose,  a  certain  issue  in  due 

manner  joined  between  the  said  United  States  and  one  J 

C.  M ,  one  "W J.  G and  one  A G ,  upon  a 

certain  criminal  indictment  then  depending  in  the  said  court 

against  them  the  said  J C.  M ,  "W J.  G and 

A G ,  for1  conspiracy  to  commit  offenses  against  the 

said  United  States;  and  that  at  and  upon  the  trial  of  the  said 
issue  in  the  said  court,  before  the  said  judge  and  jury,  to  wit, 

on  the day  of ,  in  the  same  year  eighteen  hundred 

and  ,  within  the  city  and  district  aforesaid,  C E. 

G ,  late  of  the  same  city,  appeared  and  was  produced  as 

a  witness  for  and  on  behalf  of  the  said  defendants  in  the  said 
indictment,  and  was  then  and  there  duly  sworn 2  and  took  his 
oath  as  such  witness,  before  the  said  court,3  that  the  evidence 

1  The  allegations  must  be  sufficient  to  show  that  the  matter  or  proceed- 
ing was  one  in  which  the  court  was  competent  to  act     U.  S.  v.  Cuddy,  39 
F.  R  696. 

2  The  fact  that  the  defendant  was  sworn  must  be  distinctly  stated.    An 
allegation  that  he  did  "depose  and  swear"  does  not  show  that  he  was 
sworn.     U.  S.  v.  McConaughy,  33  R  R  168. 

8  That  this  is  a  sufficient  designation  of  the  court,  and  a  distinct  averment 
that  the  oath  was  made  before  it,  see  U.  S.  v.  Walsh,  22  R  R  644. 


142  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

which  he  the  said  C—  -  E.  G should  give  on  the  said 

trial  should  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth;  the  said  court  then  and  there  having  due  and 
competent  authority  to  administer  the  said  oath  to  the  said 

C E.  G in  that  behalf:  And  the  said  C E.  G — 

so  being  sworn  as  aforesaid,  it  then  and  there,  upon  the  said 
trial  of  the  said  issue,  became  and  was  a  material 4  inquiry 

whether , —  and  whether  -  — , —  and  whether .  And 

the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  fur- 
ther present,  that  the  said  C E.  G ,  so  being  sworn 

and  having  taken  his  oath  as  aforesaid,  on  the  said  —   —  day  of 

,  in  the  said  year  eighteen  hundred  and ,  within  the 

city  and  judicial  district  aforesaid,  upon  the  said  trial  of  the 
said  issue  as  aforesaid,  willfully  and  corruptly,  and  contrary 
to  his  said  oath,  did  swear  and  depose,  before  the  said  court 
and  jury,  amongst  other  things,  in  substance 5  and  to  the  effect 

following,  that  is  to  say,  that  -  — , —  and  that  , —  and 

that  -   — :  Whereas  in  fact  it  was  not  and  is  not  true,  and  at 

the  time  of  so  swearing  and  deposing  the  said  C E.  G 

did  not  believe  it  to  be  true,  that , —  or  that , —  or 

that  • .     And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said  C E.  G ,  in  man- 
ner and  form  aforesaid,  having  taken  an  oath  before  a  com- 
petent tribunal,  in  a  case  wherein  a  law  of  the  said  United 
States  authorized  an  oath  to  be  administered,  that  he  would 
[§  5392,  R.  S.]  truly  depose  and  testify,  willfully6  and  con- 
trary to  his  said  oath  did  depose  and  state  material  matters 
which  he  did  not  then  believe  to  be  true,  and  thereby7 did 
commit  willful  and  corrupt  perjury;  against,  etc. 

4  Materiality  of  matter  sworn  to  must  be  averred.  V.  S.  v.  Singleton,  54 
F.  R488. 

» See  Sec.  5396,  R  S.,  prescribing  the  requisites  of  an  indictment  under 
Sec.  5392,  R  & 

•  Indictment  must  allege  that  the  false  oath  was  taken  willfully.  D.  6*.  v. 
Edwards,  43  F.  R  67.  See  No.  188,  note  a 

7  Not  objectionable.    See  U.  S.  v.  Lehman,  39  F.  R  1Q8. 


CRIMES   AGAINST  JUSTICE.  143 


Indictment,  on  Sec.  5392,  R.  S.,  for  perjury  in  affidavit  of 
surety  of  one  held  to  bail,  made  before  a  United-States 
Commissioner. 

No.  214  (1). 

-  came  in  person  before  P A.  H ,  then  and  be- 
fore that  time  being  a  commissioner  of  the  Circuit  Court  of 
the  said  United  States  for  the  said  district,  and  then  and  there 
[by  and  under  the  assumed  name  of  J F ]  made  affi- 
davit in  writing,  before  the  said  P A.  H ,  commis- 
sioner as  aforesaid,  on  the  occasion  and  for  the  purpose  in  the 
same  affidavit  mentioned ;  at  and  upon  the  making  of  which 
said  affidavit  it  then  and  there  became  and  was  material  that 

the  said  P A.  H ,  commissioner  as  aforesaid,  should 

know  and  be  informed  [whether  the  person  so  making  the 

same  was  then  named  J F ,  and]  whether  the  person 

so  making  the  said  affidavit  then  resided  at  No.  285 

Street,  in  the  said  city  of ,  and  whether  that  person  then 

owned  in  fee  simple,  and  in  h —  own  name  and  right,  cer- 
tain real  estate  in  the  said  affidavit  mentioned  and  described, 
and  whether  that  person  then  owned  personal  property,  in 
h —  own  name  and  right,  within  the  said  district,  to  the 
value  of  -  — ,  and  whether  that  person  was  then  worth  at 

least ,  over  and  above  all  h —  liabilities :  And  thereupon 

the  said  J L then  and  there  [by  and  under  the  said 

assumed  name  of  J F ]  was  in  due  manner  sworn  by 

the  said  P A.  H ,  and  made  oath  before  him,  of  and 

concerning  the  truth  of  the  matters  contained  in  the  said  affi- 
davit;, he  the  said  P A.  H then  and  there  being  such 

commissioner  as  aforesaid,  and  having  competent  authority ' 

to  administer  the  said  oath  to  the  said  J L in  that 

behalf;  and  the  said  J L ,  so  being  sworn  as  foresaid, 

then  and  there,  in  and  by  h —  said  affidavit,  willfully,  cor- 
ruptly and  falsely,  and  contrary  to  h —  said  oath,  did  de- 
pose and  swear  as  in  the  said  affidavit  set  forth,  of  and  con- 
cerning the  material  matters  aforesaid ;  which  said  affidavit 
was  and  is  in  the  words  and  figures  following,  to  wit :  [set  out 

1  The  court  will  take  judicial  notice  of  the  qualification  of  a  federal  officer 
to  administer  oaths.    Babcock  v.  U.  S.,  34  F.  R  8?a 


144  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

the  affidavit] :  Whereas  in  truth  and   in  fact  the  said  J— 
L ,  at  the  time  when  — h —  was  so  sworn  and  made  affi- 
davit as  aforesaid,  [was  not  named  J—    -  F—  — ;  and  whereas 

in  truth  and  in  fact  the  said  J L ]  did  not  then  reside 

at  No.  %S5  -    -  Street,  in  the  said  city  of  -    — ;  and  whereas 

in  truth  and  in  fact  the  said  J—    -  L did  not  then  own  in 

fee  simple,  and  in  h —  own  name  and  right,  the  real  estate 
in  the  said  affidavit  mentioned  and  described;  and  whereas  in 
truth  and  in  fact  the  said  J L did  not  then  own  per- 
sonal property  in  h —  own  name  and  right,  within  the  said 

district,  to  the  value  of ,  or  to  the  value  of  any  sum  of 

money ;  and  whereas  in  truth  and  in  fact  the  said  J—   -  L — 

was  not  then  worth ,  or  airy  such  sum  of  money,  over  and 

above  all  h —  liabilities.    And  so  the  grand  jurors  aforesaid, 

upon  their  oath  aforesaid,  do  say,  that  the  said  J L , 

in  manner  and  form  aforesaid,  in  and  by  h —  said  affidavit 
and  upon  h —  oath  aforesaid,  in  a  case  in  which  a  law  of  the 
said  United  States  authorized  an  oath  to  be  administered,  did. 
[§  5392,  R.  S.]  willfully  and  contrary  to  h —  said  oath  state 
and  subscribe  material  matters  which  — h —  did  not  then  be- 
lieve to  be  true,  and  thereby  did  commit  willful  and  corrupt 
perjury;  against,  etc. 

No.  215  (2). 

one  J McN was  before  the  said  P A.  H , 

[or,  was  in  due  form  of  law  brought  before  the  said  P A. 

II ]  then  and  before  that  time  being  a  commissioner  of 

the  Circuit  Court  of  the  said  United  States  for  the  district 

aforesaid,  for  examination  of  him  the  said  J McN , 

[or,  and  was  then  and  there  examined]  by  and  before  the  said 

P—  -  A.  H ,  commissioner  as  aforesaid,  upon  a  charge, 

amongst  other  things,  of  having,  [with  one  J T ,  one 

S—  -  K.  T and  one  D—  -  F.  D ,]  on  or  about  the  — 

day  of ,  in  the  same  year,  within  the  city  and  district 

aforesaid,  unlawfully  [carried  on  the  business  of  a  distiller 
without  having  given  bond  as  required  by  law ;]  and  there- 
upon the  said  J McN ,  on  the  said day  of , 

in  the  year  aforesaid,  within  the  city  and  district  aforesaid, 
so  being  present  for  examination  before  the  said  P A. 


CRIMES   AGAINST   JUSTICE.  145 

H ,  commissioner  as  aforesaid,  did  waive  examination  upon 

the  said  charge^  and  thereupon  was  by  the  said  P A. 

H ,  commissioner  as  aforesaid,  [or,  and  upon  such  exam- 
ination the  said  J McN was  by  the  said  P A. 

H ,  commissioner  as  aforesaid,]  then  and  there  ordered 

and  required  to  enter  into  recognizance,  in  the  sum  of  , 

with  sufficient  surety  or  sureties,  for  the  appearance  of  him 

the  said  J McN in  the  District  Court  of  the  said 

United  States  for  the  district  aforesaid,  on  the  first  clay  of 
the  then  next  term  thereof,  to  answer  unto  such  matters  and 
things  as  should  be  objected  against  him  on  the  part  of  the 
said  United  States  in  that  behalf:  And  that  thereupon  the 

said  J L ,  on  the  said day  of ,  in  the  same 

year  eighteen  hundred  and ,  within  the  city  and  district 

aforesaid,  came  in  person  before  the  said  P A.  H , 

then  being  such  commissioner  as  aforesaid,  and  [by  and  under 

the  assumed  name  of  J F ]  offered  to  become  surety 

in  that  behalf  for  the  said  J McN ;  on  which  occasion 

it  then  and  there  became  and  was  material  that  the  said  P 

A.  II ,  commissioner  as  aforesaid,  should  know  and  be  in- 
formed whether  the  said  J L (so  offering  to  become 

surety  [by  and  under  the  said  assumed  name  of  J F )  was 

then  named  J F , —  and  whether  the  said  J L ] 

then  resided  at  No.  285 Street,  in  the  said  city  of , — 

and  whether  — h —  then  owned  in  fee  simple,  and  in  h —  own 
name  and  right,  a  certain  parcel  of  land  designated  as  the 

west  half  of  Lot  Seven,  in  Block  Tioelve,  in  N '#  Addition 

to  the  said  city  of , —  and  whether  the  said  J L 

then  owned  in  fee  simple,  and  in  h —  own  name  and  right, 

the  house  and  lot  known  as  No.  183 Street,  in  the  said 

city  of , —  and  whether  — h —  then  owned  personal  prop- 
erty, in  h —  own  name  and  right,  within  the  said  district, 

to  the  value  of , —  and  whether  — h —  was  then  worth  at 

least ,  over  and  above  all  h —  liabilities.     And  the  grand 

jurors  aforesaid,  upon  their  oath  aforesaid,  do  further  pre- 
sent, that  the  said  J L then  and  there,  so  being 

before  the  said  P A.  H ,  commissioner  as  afore- 
said, and  offering  to  become  surety  as  last  aforesaid,  was 

in   due   manner  sworn   by   the   said    P A.  H ,  and 

[by  and  under  the  said  assumed  name  of  J F ]  did 

10 


146  FOKMS   ADAPTED   TO   CRIMINAL   CASES. 

then  and  there  make  affidavit  in  writing,  and  take  h —  (the 

said  J—   -  L 's)  corporal  oath,  before  the  said  P A. 

H ,  touching  the  matters  contained  in  the  same  affidavit; 

he  the  said  P A,  H then  and  there  being  such  com- 
missioner as  aforesaid,  and  having  competent  authority  to  ad- 
minister the  same  oath  to  the  said  J L ,  and  to  take 

h —  affidavit  last  aforesaid;  and  that  the  said  J L , 

being  so  sworn  as  last  aforesaid,  then  and  there,  to  prevent 

the  said  P A.  H from  knowing  the  true  [name,] 

circumstances   and   property  of  h —  the  said  J L , 

in  and  by  h —  last-mentioned  affidavit,  upon  h —  corporal 
oath  so  taken  as  aforesaid  touching  the  matters  therein  con- 
tained, willfully  and  corruptly,  and  contrary  to  h —  same 
oath,  did  falsely  depose  and  swear,  amongst  other  things,  in 

substance  and  to  the  effect  that  — h —  the  said  J L 

[was  then  named  J F , —  and  that  — h —  the  said 

J L ]  then  resided  at  No.  %85 Street,  in  the  said 

city  of , —  and  that  — h —  then  owned  in  fee  simple, 

and  in  h —  own  name  and  right,  certain  premises,  to  wit,  a 
certain  parcel  of  land  designated  as  the  west  half,  etc.,  and  that 

those  premises  were  the  house  and  lot  known  as  No.  183 

Street,  in  the  said  city  of  , —  and  that  — h —  the  said 

J L then  owned   personal   property,   in  h —  own 

name   and   right,  within  the   said  district,  to  the  value  of 

, —  and  that  — h —  was  then  worth  at  least ,  over  and 

above  all  h —  liabilities :    Whereas  in  truth  and  in  fact  the 

said  J L ,  at  the  time  when  — h —  was  so  sworn  and 

made  affidavit,  and  took  h —  corporal  oath,  as  last  aforesaid, 

[was  not  named  J F ;  and  whereas  in  truth  and  in 

fact  the  said  J L ]  did  not  then  reside  at  No.  285  — 

Street,  in  the  said  city  of ;  and  whereas  in  truth  and  in 

fact  — h —  did  not  then  own  in  fee  simple,  and  in  h —  own 
name  and  right,  or  otherwise,  the  house  and  lot  known  as 

No.  183 Street  in  the  said  city  of ;  and  whereas  in 

truth  and  in  fact  — h —  did  not  then  own  personal  property, 
in  h —  own  name  and  right,  or  otherwise,  within  the  said 

district,  to  the  value  of ,  or  to  the  value  of  any  such  sum 

of  money ;  and  whereas  in  truth   and  in  fact  the  said  J 

L was  not  then  worth ,  or  any  such  sum  of  money, 

over  and  above  all  h —  liabilities.     And  so  the  grand  jurors 


CKIMES   AGAINST   JUSTICE.  147 

aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the  said  J 

L ,  on  the  said day  of ,  in  the  year  of  our  Lord. 

eighteen  hundred  and ,  within  the  city  and  district  afore- 
said, in  and  by  h —  last-mentioned  affidavit,  upon  h —  oath 

last  aforesaid,  before  the  said  P A.  II ,  (he  the  said 

P A.  H then  and  there  being  such  Qommissioner,  and 

having  competent  authority  to  administer  the  same  oath  and 
take  the  same  affidavit,  as  aforesaid,)  willfully  and  corruptly, 

and  contrary  to  the  same  oath  of  h —  the  said  J L , 

did  state  and  subscribe  material  matters  which  — h —  did  not 
then  believe  to  be  true,  in  a  case  where  a  law  [§  5392,  R.  S.] 
of  the  said  United  States  authorized  an  oath  to  be  adminis- 
tered, and  did  commit  willful  and  corrupt  perjury ;  against,  etc. 


Indictment,  on  Sec.  5392,  R.  S.,  for  perjury  in  a  declara- 
tion of  a  surety  of  a  cigar-manufacturer,  sworn  to  be- 
fore a  deputy-collector  of  internal  revenue. 

No.  216. 

-  at aforesaid,  in  the  Northern  District  aforesaid 

and  the Internal-Revenue  Collection-District  of ,  in- 
tending and  offering  to  become  surety  for  one  B C , 

upon  a  certain  bond  to  be  given  to  the  said  United  States  by 

h —  the  said  B C ,  as  a  manufacturer  of  cigars  within 

the  said  collection-district,  pursuant  to  the  provisions  of  the 
internal-revenue  law  of  the  said  United  States,  came  in  h — 

own  person  before  E A.  T ,  then  a  deputy-collector  of 

internal  revenue  of  the  said  United  States  for  the  said  collec- 
tion-district, and  was  then  and  there,  (to  wit,  in  the  city  and 

districts  aforesaid,)  in  due  manner  sworn  by  the  said  E A. 

T ,  and  made  and  subscribed  a  certain  written  declaration, 

touching  the  sufficiency  of  h —  the  said as  such 

surety  in  that  behalf,  and  took  h —  corporal  oath,  before 

the  said  E A.  T ,  that  the  said  written  declaration  by 

h —  the  said  — subscribed  was  then  true;   he  the 

said  E A.  T—  -  being  then  and  there  a  deputy-collector 

of  internal  revenue  as  aforesaid,  duly  appointed  according  to 
law,  and  then  and  there  having  competent  authority  to  ad- 
minister the  said  oath  and  to  take  the  said  written  declaration 


148  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

as  aforesaid,  and  the  case  in  which  the  said  oath  was  so  taken 
being  a  case  wherein  a  law  of  the  said  United  States  then  au- 
thorized such  oath  to  be  administered:  And  the  said  

so  intending  and  offering  to  become  such  surety  for  the 

said  B C as  aforesaid,  it  then  and  there  became  and 

was  material  that  the  said  E A.  T ,  so  then  being 

such  deputy-collector  as  aforesaid,  should  know  and  be  in- 
formed whether  the  said was  then  the  owner  in  fee 

simple  of  certain  real  estate,  that  is  to  say,  four  certain  parcels 
of  land  designated  as  Lots  Twenty-five,  Twenty-six,  Twenty- 
seven  and  Twenty-eight,  in  M 's  Subdivision,  in  Section 

Thirty-six,  in  Township  Thirty-eight  North,  of  Range  Four- 
teen East,  in  the  town  of ,  county  of and  state  of  -  — . 

And  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do 

further l  present,  that  the  said ,  on  the  said  -    -  day 

of ,  in  the  year  aforesaid,  in  the  city  and  districts  afore- 
said, having  taken  the  said  oath  and  subscribed  the  said  writ- 
ten declaration  as  aforesaid,  before  the  said  E A.  T , 

(he  the  said  E A.  T then  and  there  having  competent 

authority  to  administer  the  said  oath  to  h —  the  said  - 
in  that  behalf  as  aforesaid,)  falsely,  corruptly  and  will- 
fully, and  contrary  to  h —  the  said 's  oath  afore- 

[§  5392,  R.  S.]  said,  did  in  and  by  h —  said  written  dec- 
laration swear  and  state  (amongst  other  things)  in  substance 

and  to  the  effect  that  — h —  the  said was  then  the 

owner  in  fee  simple  of  the  four  parcels  of  land  aforesaid; 

whereas  in  truth  and  in  fact  the  said ,  at  the  time 

— h —  took  the  said  oath  and  made  and  subscribed  the  said 
written  declaration  as  aforesaid,  was  not  the  owner  in  fee 
simple  of  the  said  four  parcels  of  land;  and  whereas  in  truth 

and  in  fact  the  said at  that  time  did  not  believe  it 

to  be  true  that — h —  was  then  the  owner  in  fee  simple  of  the 
four  parcels  of  land  aforesaid.  And  so  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  say,  that  the  said  - 

,  at  the  time  and  place  and  in  the  manner  aforesaid,  in  a 

case  wherein  a  law  of  the  said  United  States  authorized  an 
oath  to  be  administered,  did  commit  willful  and  corrupt  per- 
jury ;  against,  etc. 

i  See  No.  6.  note  14 


CRIMES   AGAINST  JUSTICE.  149 

Indictment,  on  Sec.  5393,  K.  S.,  for  suborning  another  to 
commit  perjury  in  making  application  for  a  patent. 

No.  217. 

unlawfully  did  willfully  and  corruptly  suborn,  instigate 

and  procure  one  A D.  H to  appear  in  person  before 

one  R —   -  L.  H ,  then  being  a  notary  public  in  and  for 

the  county  of ,  in  the  state  and  the  said  Northern  District 

of  -  — ,  and  to  make  and  subscribe  before  him  the  said  R 

L.  H ,  notary  as  aforesaid,  a  certain  oath  and  affidavit  in 

writing  to  a  certain  application  of  him  the  said  A D. 

H to  the  Commissioner  of  Patents  of  the  said  United 

States,  under  the  laws  thereof  concerning  patents  for  inven- 
tions, that  is  to  say,  a  certain  application  in  writing  for  a 
patent  for  improvements  in  door-locks,  and  in  and  by  such 
oath  and  affidavit  falsely  to  depose  and  swear  (amongst  other 

things)  in  substance  and  to  the  effect  that  he  the  said  A 

D.  H—  -  then  verily  believed  himself  to  be  the  original  and 
first  and  sole  inventor  of  the  improvements  in  door-locks  de- 
scribed and  claimed  in  a  certain  specification  accompanying 
the  same  oath  and  affidavit,  and  that  he  did  not  then  know  or 
believe  the  same  improvements  ever  to  have  been  theretofore 

known  or  used :  And  thereupon  the  said  A D.  H ,  in 

consequence  and  by  means  of  the  said  willful  and  corrupt 

subornation,  instigation  and  procurement  of  the  said  G 

G.  C ,  then  and  there  appeared  in  person  before  the  said 

H—   -  L.  H ,  notary  as  aforesaid,  and  made  and  subscribed 

before  him  an  oath  and  affidavit  in  writing  to  the  said  appli- 
cation for  a  patent,  and  then  and  there,  by  and  before  the 

said  R —  -  L.  H ,  notary  as  aforesaid,  was  duly  sworn, 

and  took  his  the  said  A D.  H 's  oath,  of  and  con- 
cerning the  truth  of  the  matters  contained  in  his  said  oath 

and  affidavit;  he  the  said  R L.  H then  and  there 

being  such  notary  public  as  aforesaid,  and  having  due  and 
competent  authority  *  to  administer  the  said  oath  to  the  said 

A D.  H in  that  behalf,  and  the  matter  in  which  he 

was  so  sworn  and  took  his  oath  being  then  and  there  a  case 

1  The  officer's  special  authority  need  not  be  set  forth.  U.  S.  v.  Boggs,  31 
F.  R  337.  And  see.  concerning  the  requisites  of  an  indictment  under  this 
section,  Sec.  5397,  R  S. 


150  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

in  which  a  law  of  the  said  United  States  then  authorizad  an 
oath  to  be  administered:  And  it  then  and  there,  at  and  upon 
the  making  and  subscribing  of  the  said  oath  and  affidavit  as 
aforesaid,  became  and  was  a  material  question  whether  the 

said  A D.  II —  -  then  verily  believed  himself  to  be  the 

original  and  first  inventor  of  the  improvements  in  door- 
locks  described  and  claimed  in  the  said  specification,  and 
whether  he  was  in  fact  such  original  and  first  and  sole  in- 
ventor thereof,  and  whether  he  the  said  A D.  H did 

not  then  know  or  believe  the  same  improvements  to  have 
been  theretofore  known  or  used.  And  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  further  present,  that  the 

said  A D.  H ,  being  so  sworn  as  aforesaid,  then  and 

there,  in  and  by  his  said  oath  and  affidavit  in  writing,  upon  his 

oath  so  taken  as  aforesaid,  before  the  said  R —  -  L.  H , 

(he  so  being  such  notary  and  having  such  due  and  competent 
authority  as  aforesaid,)  falsely,  willfully  and  corruptly,  and 
contrary  to  his  oath  so  taken,  did  depose  and  swear  (amongst 
other  things)  in  substance  and  to  the  effect  that  he  the  said 
A D.  H then  verily  believed  himself  to  be  the  orig- 
inal and  first  and  sole  inventor  of  the  improvements  in  door- 
locks  described  and  claimed  in  the  said  specification,  and  that 

he  the  said  A—   -  D.  H did  not  then  know  or  believe  the 

same  improvements  ever  to  have  been  theretofore  known  or 

used:  Whereas  in  truth  and  in  fact  the  said  A D.  H , 

at  the  time  when  he  was  so  sworn  and  took  his  oath  as  afore- 
said, did  not  verily  believe  himself  to  be  the  original  and  first 
and  sole  inventor  of  the  improvements  in  door-locks  described 
and  claimed  in  the  said  specification,  and  he  was  not  such 
original  and  first  and  sole  inventor  thereof,  and  it  was  not 
nor  is  true  that  he  did  not  then  know  or  believe  the  same 
improvements  ever  to  have  been  theretofore  known  or  used ; 

and  whereas  in  truth  and  in  fact  the  said  A D.  II did 

not  then  believe  to  be  true  the  said  matters  so  by  him  deposed 
and  sworn  as  herein  above  specified;  and  whereas  in  truth 

and  in  fact  the  said  G—   -  G.  C ,  at  the  time  when  he  so 

suborned,  instigated  and  procured  the  said  A—  -  D.  II— 
to  make  oath  and  affidavit  and  to  depose  and  swear  falsely  as 

aforesaid,  there  well  knew  that  the  said  A D.  H did 

not  then  verily  believe  himself  to  be  the  original  and  first 


CRIMES   AGAINST   JUSTICE.  151 

and  sole  inventor  of  the  improvements  in  door-loclts  described 
and  claimed  in  the  said  specification,  and  that  he  was  not 
such  original  and  first  and  sole  inventor  thereof,  and  that 

it  was  not  true  that  the  said  A D.  H did  not  then 

know  or  believe  the  same  improvements  ever  to  have  been 
theretofore  known  or  used ;  and  whereas  in  truth  and  in  fact 

the  said  G G.  C did  not  then  believe  to  be  true  the 

said  matters  which  he  so  suborned,  instigated  and  procured 

the  said  A D.  H falsely  to  depose  and  swear  as  herein 

above  specified.     And  so  the  grand  jurors  aforesaid,  upon 

their  oath  aforesaid,  do  say,  that  the  said  G G.  0 ,  in 

manner  and  form  aforesaid,  willfully  and  corruptly  did  suborn, 

[§  5393,  R.  S.]    instigate  and  procure  the  said  A D.  H 

to  commit  willful  and  corrupt  perjury ;  against,  etc. 


Indictment,  on  Sec.  5398,  B.  S.,  for  obstructing  and  oppos- 
ing a  deputy  marshal  in  serving  a  warrant. 

.    No.  218  (1). 

with  force  and  arms,  unlawfully  did  knowingly  and 

willfully  resist  and  oppose  one  T W ,     [§  5398,  B.  S.] 

then  and  there  being  an  officer  of  the  said  United  States,  to 
wit,  a  deputy  of  the  Marshal  of  the  said  United  States  for 
the  district  aforesaid,  in  serving  and  attempting  to  serve  and 
execute  a  certain  warrant  for  the  apprehension  of  the  said 
—  for  a  certain  offense  against  the  laws  of  the  said 

United  States,  (for  which  offense  the  said -  was  then 

and  there  by  law  liable  to  be  apprehended,)  and  him  the  said 

T—    -  W ,so  then  and  there  being  such  officer  of  the  said 

United  States  as  aforesaid,  and  duly  authorized  to  serve  and 
execute  the  said  warrant,  then  and  there  did  knowingly  and 
willfully  assault,  beat  and  wound,  in  serving  and  executing  the 
said  warrant ;  against,  etc. 


No.  219  (2). 

further  present,  that  heretofore,  to  wit,  on  the day 

of  — — ,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

-  aforesaid,  in  the  district  aforesaid,   P A.  H , 


152  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

then  and  still  a  commissioner  of  the  Circuit  Court  of  the  said 
United  States  for  the  said  district,  duly  awarded  and  made, 
as  such  commissioner,  under  his  hand  and  seal,  and  delivered 

to  F—    -  H ,  then  Marshal  of  the  said  United  States  for 

the  district  aforesaid,  a  certain  warrant  to  apprehend  the  said 

— ,  [therein  styled ,]  on  a  charge  of  having 

interfered  with  a  special  deputy  United-States  marshal  in  the 
discharge  of  his  duties,  at  an  election  for  representative  in  the 
Congress  of  the  said  United  States,  in  violation  of  Section  five 
thousand  five  hundred  and  twenty-two  of  the  Eevised  Statutes 
of  the  said  United  States ;  and  that  afterwards,  to  wit,  on  the 

day  of. ,  in  the  year  of  our  Lord  eighteen  hundred 

and  -  — ,  at aforesaid,  in  the  district  aforesaid,  the  said 

F H ,  then  being  such  Marshal  as  aforesaid,  by  writ- 
ing under  his  hand  duly  authorized  and  deputed  the  said 
T—  -  "W to  serve  and  execute  the  last-mentioned  war- 
rant, and  delivered  the  same  to  him  for  service  and  execution 
thereof.  And  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  further  present,  that  the  said ,  on  the 

day  and  year  last  aforesaid,  with  force  and  arms,  in  the  city 

and  district  aforesaid,  in  and  upon  the  said  T —  -  W ,  in 

serving  and  executing  the  warrant  last  aforesaid,  (the  said 

T—    -  W then  and  there  being  duly  authorized  to  serve 

and  execute  the  same,)  unlawfully  did  knowingly  and  will- 
fully make  an  assault,  and  him  the  said  T W-  —did  then 

[§  5398,  R.  S.]  and  there  beat  and  wound,  in  serving  and 
executing  the  same  warrant,  and  other  wrongs  to  him  the 
said  T "W then  and  there  did;  against,  etc. 

No.  220  (3). 

-  further  present,  that  heretofore,  to  wit,  on  the  — 

day  of  -  — ,  in  the  year  of  our  Lord  eighteen  hundred  and , 

at  -    -  aforesaid,  in  the  district  aforesaid,  a  certain  warrant 

was  duly  awarded  and  made  by  the  said  P A.  H , 

then  and  still  a  commissioner  of  the  Circuit  Court  of  the  said 

United  States  for  the  said  Northern  District  of ,  for  the 

apprehension  of  the  said — ,  and  was  thereupon  by  the 

said  commissioner  then  and  there  delivered  to  the  said  F 

H ,  then  Marshal  of  the  said  United  States  for  the  district 


CRIMES    AGAINST   JUSTICE.  153 

aforesaid ;  which  warrant  was  and  is  of  the  purport  and  to 
the  effect  following,  that  is  to  say :  [set  out  the  warrant] ;  And 

that  afterwards,  to  wit,  on  the day  of ,  in  the  year 

of  our  Lord  eighteen  hundred  and ,  in  the  city  and  dis- 
trict aforesaid,  the  said  F H ,  then  still  being  such 

Marshal  as  aforesaid,  and  holding  the  warrant  last  aforesaid, 
by  endorsement  thereon  under  his  hand  did  duly  authorize 

and  depute  the  said  T W to  serve  and  execute  the 

same  warrant.     And  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  further  present,  that  the  said  T "W 

afterwards,  to  wit,  on  the  day  and  year  last  aforesaid,  in  the 
city  and  district  aforesaid,  then  and  there  being  an  officer  of 
the  said  United  States,  to  wit,  a  special  deputy  marshal  as 
aforesaid  to  execute  the  last-mentioned  warrant,  and  having 
in  his  hands  the  same  warrant  for  execution,  did  attempt  to 
serve  and  execute  the  same,  according  to  the  command  thereof ; 

and  that  the  said then  and  there,  with  force  and 

arms,  unlawfully  did  knowingly  and  willfully  obstruct,  resist 

and  oppose  the  said  T TV ,  so  then  and    [§  5398_,  R.  $.] 

there  being  such  officer  of  the  said  United  States,  to  wit,  a 
special  deputy  marshal  as  aforesaid,  in  attempting  as  afore- 
said then  and  there  to  serve  and  execute  the  last-mentioned 
warrant,  according  to  the  command  thereof:  Against,  etc. 


CRIMES  WITHIN  THE  MARITIME  JURISDIC- 
TION. 


Indictment^  on  Sec.  5347,  B.  8.,  against  an  officer  of  an 
American  vessel,  for  beating  one  of  the  crew. 

No.  221  (1). 

present,  that  J G.  K ,  late  of  the  city  of , 

in  the  said  district,  on  the day  of  -  — ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  on  board  of  a  certain  Amer- 
ican vessel  called  -  — ,  on  waters  within  the  admiralty  and 

maritime  jurisdiction  of  the  said  United  States,  to  wit,  on , 

and  within  the  jurisdiction  of  this  court,  with  force  and  arms 

an  assault  did  make  in  and  upon  one  R B ,  and  him 

the  said  R B then  and  there,  from  malice,  hatred  and 

[§  6347,  R.  S.]  revenge,  and  without  justifiable  cause,  un- 
lawfully did  beat  and  wound ;  he  the  said  J G.  K — 

being  then  and  there  the  first  mate l  of  the  said  vessel,  and  he 

the  said  R —  -  B being  then  and  there  one  of  the  crew 

thereof;  against,  etc. 

(2). 

-  further  present,  that  the  said  J G.  K ,  on  the 

said  -  -  day  of  -  — ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  -  — ,  in  and  on  board  of  a  certain  American  steam- 
vessel  called  -  — ,  then  belonging  to  certain  persons  then  cit- 
izens of  the  said  United  States,  and  whose  names  are  to  the 
said  grand  jurors  unknown,  on  the  high  seas,  to  wit,  on  Lake 
Huron?  out  of  the  jurisdiction  of  any  particular  state  of  the 
said  United  States,  on  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  said  United  States,  and  within  the 

1  Any  one  who  has  command  over  the  crew,  or  any  of  them,  is  an  "offi- 
cer," within  the  meaning  of  Sec.  5347,  R  a     U.S.  v.  Trice,  30*  F.  R  490. 
2 That  the  Great  Lakes  are  "high  seas,"  see  U.  S.  v.  Rodgers,  150  U.  S.  249. 


CRIMES   WITHIN   MARITIME   JURISDICTION.  155 

jurisdiction  of  this  court,  with  force  and  arms  another  assault 

did  make  in  and  upon  the  said  K B ,  and  him  the  said 

R B then  and  there,  from  malice,  hatred  and  revenge, 

and  without  justifiable  cause,  unlawfully  did     [§  5347,  K.  S.] 

beat  and  wound ;  he  the  said  J G.  K being  then  and 

there  the  first  mate  of  the  said  vessel,  and  he  the  said  R 

B being  then  and  there  one  of  the  crew  of  the  same  ves- 
sel; against,  etc. 

Indictment,  on  Sec.  5356,  R.  S.,  for  stealing  on  the  high 

seas. 

No.  222  (1). 

present,  that  L "W ,  late  of  the  city  of ,  in 

the  said  district,  on  the day  of ,  in  the  year  ©f  our 

Lord  eighteen  hundred  and ,  in  and  on  board  of  a  certain 

American  steam-vessel  called  ,  then  belonging  to  cer- 
tain persons  then  citizens  of  the  said  United  States,  and  whose 
names  are  to  the  said  grand  jurors  unknown,  upon  the  high 

seas,  to  wit,  on ,  out  of  the  jurisdiction  of  any  particular 

state  of  the  said  United  States,  on  waters  within  the  admi- 
ralty and  maritime  jurisdiction  of  the  said  United  States,  and 
within  the  jurisdiction  of  this  court,  feloniously  did  take  and 
carry  away  twenty-Jive  bank-notes  for  the  pay-  [§  5356,  R.  S.] 

ment  of  money,  each  of  the  denomination  and  value  of ,  one 

shirt,  of  the  value  of ,  six  shirt-collars,  each  of  the  value  of 

— ,  and  one  dirk-knife,  of  the  value  of ,  of  the  personal 

goods  and  moneys  of  one  "W N ;  with  intent  of  him 

the  said  L "W then  and  there  the  same  personal  goods 

and  moneys  to  steal  and  purloin ;  against,  etc. 

No.  223  (2). 

further  present,  that  the  said  L "W ,  on  the 

said day  of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and ,  in  and  on  board  of  the  said  American  steam- 
vessel  called ,  then  belonging  to  certain  persons  then  citi- 
zens of  the  said  United  States,  and  whose  names  are  to  the 
said  grand  jurors  unknown,  upon  the  high  seas,  to  wit,  on 


156  FORMS   ADAPTED    TO   CRIMINAL   CASES. 

* 

— ,  out  of  the  jurisdiction  of  any  particular  state  of  the  said 
United  States,  on  waters  within  the  admiralty  and  maritime 
jurisdiction  of  the  said  United  States,  and  within  the  jurisdic- 
tion of  this  court,  feloniously  did  take  and  carry  away  twenty- 
[§  5356;  R.  S.]  five  other  lank-notes  for  the  payment  of  money, 

ecwh  of  the  denomination  and  value  of ,  one  other  shirt,  etc., 

of  the  personal  goods  and  moneys  of  some  person  to  the  said 
grand  jurors  unknown ;  with  intent  of  him  the  said  L — 
W-    -  then  and  there  the  same  personal  goods  and  moneys  to 
steal  and  purloin ;  against,  etc. 

(3). 

—  further  present,  that  after  the  commission  of  the  of- 
fenses aforesaid,  to  wit,  on  the  day  of ,  in  the  same 

year  eighteen  hundred  and ,  the  said  L "W was 

found1  in  the  said  District  of  ,  and  there  first  appre- 
hended for  the  said  offenses. 

I  See  Sec.  730,  R  S.  And  see,  also,  U.  S.  v.  Arwo,  19  Wall.  486,  holding 
that  a  defendant  was  properly  tried  in  a  district  other  than  the  one  in 
which  he  was  first  brought. 


COUNTERFEITING  COIN. 


Indictment,  on  Sec.  5457,  R.  S.,  (as  amended  by  Act  of  Jan. 
16,  1877,—  !  Supp.  R.  S.,  2d  Ed.,  128,)  for  making, 
having  in  possession,  and  uttering  and  selling,  coun- 
terfeit half-eagles  and  quarter-eagles. 

No.  224  (1). 

feloniously  did  falsely  make  and  forge,1  and  cause  to 

be  falsely  made  and  forged,  and  [§  5457,  R.  S.,  as  am.] 
willingly  aid  in  falsely  making  and  forging,  four  coins  in  re- 
semblance and  similitude  of  the  gold  coin,  called  a  half-eagle,2 
theretofore  coined  at  the  mints  of  the  said  United  States ; 
against,  etc. 

No.  225  (2). 

feloniously  did  have  in  — h —  possession  four  false  and 

counterfeit  coins  in  resemblance  and  [§  5457,  R.  S.,  as  am.] 
similitude  of  the  gold  coin,  called  a  half-eagle,  which  before 
that  time  had  been  coined  at  the  mints  of  the  said  United 

States ;  — h —  the  said  then  and  there,  to  wit,  at 

the  time  and  place  of  so  having  in  — h —  possession  the  last- 
mentioned  false  and  counterfeit  coins  as  aforesaid,  well  know- 
ing the  same  to  be  false  and  counterfeit,  and  intending  to 
utter  and  sell  the  same,  and  thereby  to  defraud  the  person 
or  persons  into  whose  hands  the  same  should  come:  against, 
etc. 

No.  226  (3). 

with  intent  to  defraud  some  person  or  persons  to  the 

said  grand  jurors  unknown,  unlawfully  did  utter  and  sell1 

1  The  charge  might  be  "  make,  forge  and  counterfeit ; "  but  it  seems  to  be 
objectionable  to  charge  the  counterfeiting  of  a  counterfeit 

2  See  Sec.  8511,  R  a,  and  1  Supp.  R  S.,  2d  Ed.,  807. 
iSee  U.  S.  v.  Nelson,  1  Abb.  U.  S.  135. 


158  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

four  false  and  counterfeit  coins  in  resemblance  and  similitude 
[§  5457,  R.  S.,  as  am.]  of  the  gold  coin  theretofore  coined 
at  the  mints  of  the  said  United  States,  called  a  half-eagle; 

— h —  the  said then  and  there,  to  wit,  at  the  time 

and  place  of  so  uttering  and  selling  the  last-mentioned  false 
and  counterfeit  coins  as  aforesaid,  well  knowing  the  same  to 
be  false  and  counterfeit:  against,  etc. 

No.  227  (4). 

feloniously  did  falsely  make  and  forge,  and  cause  to  be 

falsely  made  and  forged,  and  willingly  aid  in  falsely  making 
[§  5457,  B.  S.,  as  am.]  and  forging,  four  coins  in  resem- 
blance and  similitude  of  the  gold  coin,  called  a  quarter-eagle, 
theretofore  coined  at  the  mints  of  the  said  United  States; 

against,  etc. 

No.  228  (5). 

-  feloniously  did  have  in  — h —  possession  four  false  and 
counterfeit  coins  in  resemblance  and  similitude  of  the  gold 
[§  5457,  R.  S.,  as  am.]  coin,  called  a  quarter-eagle,  which 
before  that  time  had  been  coined  at  the  mints  of  the  said 

United  States;  — h —  the  said then  and  there,  to 

wit,  at  the  time  and  place  of  so  having  in  — h —  possession 
the  last-mentioned  false  and  counterfeit  coins  as  aforesaid, 
well  knowing  the  same  to  be  false  and  counterfeit,  and  in- 
tending to  utter  and  sell  the  same,  and  thereby  to  defraud 
the  person  or  persons  into  whose  hands  the  same  might  come ; 
against,  etc. 


Indictment,  on  Sec.  5457,  R.  S.,  (as  amended,)  for  making, 
having  in  possession,  and  uttering  and  passing  counter- 
feit silver  dollars  and  quarter-dollars. 

No.  229  (1). 

feloniously  did  falsely  make  and  forge,  and  procure  to 

[§  5457,  R.  S.,  as  am.]  be  falsely  made  and  forged,  and  will- 
ingly aid  in  falsely  making  and  forging,  one  hundred  coins  in  re- 
semblance and  similitude  of  the  silver  coin l  theretofore  coined 

i  See  Sec.  3513,  R  S.,  and  1  Supp.  R  S.,  2d  Ed.,  152,  50a 


COUNTERFEITING   COIN.  159 

at  the  mints  of  the  said  United  States,  called  a  dollar,  and  Jive 
hundred  coins  in  resemblance  and  similitude  of  the  silver  coin 
theretofore  coined  at  the  mints  of  the  said  United  States, 
called  a  quarter-dollar ;  against,  etc. 

No.  230  (2). 

-  feloniously  did  have  in  — h — possession,  with  intent  to 
defraud  some  person  or  persons  to  [§  5457,  R.  S.,  as  am.] 
the  said  grand  jurors  unknown,  one  hundred  false  and  counter- 
feit coins  in  resemblance  of  the  silver  coin,  called  a  dollar, 
which  before  that  time  had  been  coined  at  the  mints  of  the 
said  United  States,  and  Jive  hundred  false  and  counterfeit  coins 
in  resemblance  of  the  silver  coin,  called  a  quarter-dollar,  which 
before  that  time  had  been  coined  at  the  mints  of  the  said 

United  States ;  — h —  the  said then  and  there,  to 

wit,  at  the  time  and  place  of  so  having  in  — h —  possession  the 
false  and  counterfeit  coins  in  this  count  mentioned,  well  know- 
ing the  same  to  be  false  and  counterfeit :  against,  etc. 

]STo.  231  (3). 

with  intent  to  defraud  one  l ,  feloniously  did 

utter2  and  pass  as  true  a  certain  false  and  counterfeit  coin 
in  resemblance  and  similitude  of  the  [§  5457,  R.  S.,  as  am.] 
silver  coin  theretofore  coined  at  the  mints  of  the  said  United 

States,  called  a  quarter-dollar ;  — h —  the  said then 

and  there,  to  wit,  at  the  time  and  place  of  so  uttering  and 
passing  the  last-mentioned  false  and  counterfeit  coin  as  afore- 
said, well  knowing  the  same  to  be  false  and  counterfeit: 
against,  etc. 

1  An  indictment  which  names  the  person  whom  the  accused  intended  to 
defraud  by  the  passing  of  the  counterfeit  coin,  need  not  also  name  the  per- 
son to  whom  the  coin  was  passed.     U.  S.  v.  Bejandio,  1  Woods,  294 ;  citing 
1  Whart.  Pr.  338,  339,  340,  and  2  Abbott's  U.  S.  Practice,  465.    And  see,  also, 
Bish.  Direc.  &  F.,  §§  457,  460,  citing  2  Bish.  Cr.  Proa,  §§  425,  447,  452,  and 
3  Chitty  Cr.  L.  1046,  (1050). 

Although,  as  is  said  in  Swain  v.  The  People,  4  Scammon,  178,  this  form  is 
strictly  in  conformity  with  the  English  precedents,  it  may  be  advisable  to 

add  a  count  with  the  words  "  to  the  said ,"  inserted  after  the  word 

"  pass." 

2  Utter.    To  dispose  of  to  the  public  or  in  the  way  of  trade ;  specifically, 
to  put  into  circulation,  ?.s  money,  notes,  base  coin,  etc. :  now  used  only  in 
the  latter  specific  sense.  —  Century  Dictionary. 


1GO  FORMS    ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  5457,  R.  S.,  (as  amended,)  for  making 
and  having  in  possession  counterfeit  silver  dollars. 

No.  232  (1). 

with  intent  to  defraud  l  some  person  or  persons  to  the 

[§  5457,  R.  S.,  as  am.]  said  grand  jurors  unknown,  feloni- 
ously did  falsely  make  and  forge,  and  cause  to  be  falsely 
made  and  forged,  and  willingly  aid  in  falsely  making  and 
forging,  twenty  coins  in  resemblance  and  similitude  of  the 
silver  coin  theretofore  coined  at  the  mints  of  the  said  United 
States,  called  a  dollar ;  against,  etc. 


No.  233  (2). 

— —  feloniously  did  have  in  — h—  possession,  with  intent 
[§  5457,  R.  S.,  as  am.]  to  defraud  some  person  or  persons 
to  the  said  grand  jurors  unknown,  twenty  false  and  counter- 
feit coins  in  resemblance  and  similitude  of  the  silver  dollar- 
coin  theretofore  coined  at  the  mints  of  the  said  United  States; 

— h —  the  said then  well  knowing  the  same  to  be 

false  and  counterfeit:  against,  etc. 


Indictment,  on  Sec.  5457,  R.  S.,  (as  amended,)  for  having 
in  possession,  uttering  and  attempting  to  pass,  and 
passing  counterfeit  silver  dollars. 

No.  234  (1). 

feloniously  did  have  in  — h —  possession  two  false  and 

[§  5457,  R.  S.,  as  am.]  counterfeit  coins  in  resemblance  and 
similitude  of  the  silver  coin  theretofore  coined  at  the  mints  of 

the  said  United  States,  called  a  dollar ;  — h —  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so  having  in 
— h —  possession  the  said  false  and  counterfeit  coins  as  afore- 
said, well  knowing  the  same  to  be  false  and  counterfeit,  and 


1  ''It  is  not  necessary  ...  to  allege  that  the  act  of  counterfeiting  was 
done  with  intent  to  defraud ;  and  such  intent,  if  an  element  of  the  crime  aa 
defined  by  the  statute,  is  implied  in  the  allegation  of  'falsely'  making,  and 
need  not  be  specifically  alleged."  17.  S.  v.  Otey,  81  F.  R  68,  (12  Sawyer,  416). 


COUNTERFEITING   COIN.  161 

intending  to  utter  and  pass  the  same  as  true,  and  thereby  to 
defraud  the  person  or  persons  to  whom  — h —  should  so  utter 
and  pass  the  same :  against,  etc. 

No.  235  (2). 

with  intent  to  defraud  one ,  feloniously  did 

utter  and  attempt  to  pass  as  true  a    [§  5457,  K.  S,,  as  am.] 

certain  false  and  counterfeit  coin  in  resemblance  and  simili- 
tude of  the  silver  coin  theretofore  coined  at  the  mints  of  the 

said  United  States,  called  a  dollar;  — h —  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so  uttering 
and  attempting  to  pass  the  last-mentioned  false  and  counter- 
feit coin  as  aforesaid,  well  knowing  the  same  to  be  false  and 
counterfeit :  against,  etc. 

No.  236  (3). 

with  intent  to  defraud  one  l ,  feloniously  did 

utter  and  pass  as  true  a  certain  false  [§  5457,  R.  S.,  as  am.] 
and  counterfeit  coin  in  resemblance  and  similitude  of  the  sil- 
ver coin,  called  a  dollar,  which  before  that  time  had  been 
coined  at  the  mints  of  the  said  United  States ;  — h —  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so 

uttering  and  passing  the  last-mentioned  false  and  counterfeit 
coin  as  aforesaid,  well  knowing  the  same  to  be  false  and  coun- 
terfeit: against,  etc. 

Indictment,  on  Sec.  5457,  E.  S.,  (as  amended,)  for  utter- 
ing, passing,  and  attempting  to  pass,  as  true,  with  in- 
tent to  defraud  persons  named,  counterfeit  silver  dol- 
lars. 

No.  237  (1). 

with  intent  to  defraud  one l ,  feloniously  did 

utter  and  pass,  and  attempt  to  pass,  as  true  and  genuine,  a 
certain  false  and  counterfeit  coin  in  resemblance  and  similitude 
of  the  silver  coin  theretofore  coined  [§  5457,  R.  S.,  as  am.] 
at  the  mints  of  the  said  United  States,  called  a  dollar;  — h — 
the  said then  and  there,  to  wit,  at  the  time  and 

i  See  No.  231,  note  1. 
11 


162  FORMS   ADAPTED  TO  CRIMINAL  CASES. 

place  of  so  uttering,  passing  and  attempting  to  pass  the  said 
false  and  counterfeit  coin  as  aforesaid,  well  knowing  the  same 
to  be  false  and  counterfeit :  against,  etc. 

No.  238  (2). 

with  intent  to  defraud  one ,  feloniously  did 

utter  and  pass  as  true  a  certain  other  false  and  counterfeit 
[§  5457,  R.  S.,  as  am.]  coin  in  resemblance  and  similitude 
of  the  silver  coin  before  that  time  coined  at  the  mints  of  the 
said  United  States,  called  a  dollar;  — h —  the  said  — 
then  and  there,  to  wit,  at  the  time  and  place  of  so  uttering 
and  passing  the  last-mentioned  false  and  counterfeit  coin  as 
aforesaid,  well  knowing  the  same  to  be  false  and  counterfeit : 
against,  etc. 

No.  239  (3). 

with  intent  to  defraud  one ,  feloniously  did 

[§  5457,  R.  S.,  as  am.]  utter  and  pass  a  certain  other  false 
and  forged  coin  in  the  similitude  of  the  silver  coin,  called  a 
dollar,  which  before  that  time  had  been  coined  at  the  mints 

of  the  said  United  States ;  — h —  the  said ,  at  the  time 

of  so  uttering  and  passing  the  false  and  forged  coin  last  afore- 
said, well  knowing  the  same  to  be  false  and  forged:  against, 
etc. 

No.  240  (4). 

feloniously  have  in  — h —  the  said 's  posses- 

[§  5457,  R.  S.,  as  am.]  sion,  with  intent  to  defraud  some 
person  or  persons  to  the  said  grand  jurors  unknown,  three 
other  false,  forged  and  counterfeited  coins  in  resemblance  and 
similitude  of  the  silver  coin,  called  a  dollar,  which  before  that 
time  had  been  coined  at  the  mints  of  the  said  United  States ; 

— h —  the  said then  and  there,  to  wit,  at  the  time 

and  place  of  so  having  in  — h —  possession  the  last-mentioned 
false,  forged  and  counterfeited  coins  as  aforesaid,  well  know- 
ing the  same  to  be  false,  forged  and  counterfeited :  against, 
etc. 


COUNTERFEITING  COIN.  163 

Indictment,  on  Sec.  5457,  R.  S.,  (as  amended,)  for  making 
and  having  in  possession,  intending  to  pass,  counter- 
feit silver  dimes. 

No.  241  (1). 

-  feloniously  did  falsely  make  and  forge  divers  coins,  to 
wit,  fifty  coins,  in  resemblance  and  similitude  of  the  silver 
coin  which  before  that  time  had     [§  5457,  R.  S.,  as  am.] 
been  coined  at  the  mints  of  the  said  United  States,  called  a 
dime ;  against,  etc. 

No.  242  (2). 

-  feloniously  did  have  in  — h —  possession  fourteen  false 
and  counterfeit  coins  in  resemblance  and  similitude  of  the 
silver  coin  before  that  time  coined  at     [§  5457,  R.  S.,  as  am.] 
the  mints  of  the  said  United  States,  called  a  dime;  — h — 

the  said —  then  and  there,,  to  wit,  at  the  time  and 

place  of  so  having  in  — h —  possession  the  last  mentioned  false 
and  counterfeit  coins  as  aforesaid,  well  knowing  the  same  to 
be  false  and  counterfeit,  and  intending  to  utter  and  pass  the 
same,  and  thereby  to  defraud  the   person  or  persons  into 
whose  hands  the  same  should  come  through  such  uttering  and 
passing;  against,  etc. 


Indictment,  on  Sec.  5457,  R.  S.,  (as  amended,)  for  making 
counterfeit  silver  half-dollars,  quarters  and  dimes. 

No.  243. 

unlawfully  and  feloniously  did  falsely  make  and  forge, 

and  cause  and  procure  to  be  falsely  [§  5457,  R.  S.,  as  am.] 
made  and  forged,  and  willingly  aid  and  assist  in  falsely  mak- 
ing and  forging,  five  coins  in  the  similitude  of  the  silver  coin 
theretofore  coined  at  the  mints  of  the  said  United  States, 
called  a  half-dollar,  and  five  other  coins  in  the  similitude  of 
the  silver  coin  theretofore  coined  at  the  mints  of  the  said 
United  States,  called  a  quarter-dollar,  and  ten  other  coins  in 
the  similitude  of  the  silver  coin  theretofore  coined  at  the  mints 
of  the  said  United  States,  called  a  dime ;  against,  etc. 


164  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Indictment^  on  Sees.  5457  (as  amended,)  and  5461,  R.  8., 
for  uttering  and  passing  counterfeit  twenty-dollar 
gold-pieces,  and  metal  coins,  and  coins  of  alloys  of 
metal,  and  of  original  design,  intended  for  use  as 

money. 

No.  244  (1). 

-  with  intent  to  defraud  one l ,  feloniously  did 

utter  and  pass  seven  false,  forged  and  counterfeit  coins  in  re- 
[§  5457,  R.  S.,  as  am.]     semblance  of  the  gold  coin,  called  a 
twenty-dollar  piece,  theretofore  coined  at  the  mints  of  the 

said  United  States ;  — h —  the  said then  and  there, 

to  wit,  at  the  time  and  place  of  so  uttering  and  passing  the 
said  false,  forged  and   counterfeit  coins   as  aforesaid,  well 
knowing  the  same  to  be  false,  forged  and  counterfeit :  against, 
etc. 

No.  245  (2). 

-  with  intent  to  defraud  one l ,  unlawfully  did 

[§  5461,  R.  8.]     utter  and  pass  seven  other  metal  coins,  then 
and  there  intended  for  the  use  and  purpose  of  current  money, 
and  in  the  resemblance  of  the  gold  coin  of  the  said  United 
States,  called  a  twenty-dollar  piece ;  the  said  coins  so  uttered 
and  passed  as  last  aforesaid  being  then  and  there  coins  not 

authorized  by  law,  and  — h —  the  said not  being 

then  and  there  authorized  by  law  to  utter  or  pass  the  same ; 
against,  etc. 

No.  246  (3). 

unlawfully  did  utter  and  pass  seven  other  coins,  of 

[§  5461,  R.  8.]  alloys  of  metals,  and  of  original  design,  and 
intended  for  the  use  and  purpose  of  current  money ;  the  said 
coins  so  uttered  and  passed  as  last  aforesaid  being  then  and 
there  coins  not  authorized  by  law,  and  — h—  the  said  — 

not  being  then  and  there  authorized  by  law  to  utter  or 

pass  the  same :  against,  etc. 

i  See  No.  231,  note  1. 


COUNTEEFEITINQ   COIN.  165 


Several  complaints  on  Sec.  5457,  R.  S.,  (as  amended  by  Act 
of  Jan.  16,  1877, 1  Supp.  R.  S.,  2d  Ed.,  128), 

No.  247. 

-  feloniously  did  falsely  make  and  forge  divers  coins  in 
resemblance  of  the  silver  coin  there-     [§  5457,  R.  S.,  as  am.] 
tofore  coined  at  the  mints  of  the  said  United  States,  called  a 
quarter-dollar;  and  feloniously  did  have  in  possession,  and 
utter  and  pass,  with  intent  to  defraud  some  person  or  persons 
to  this  affiant  unknown,  divers  like     [§  5457,  R.  S.,  as  am.] 
false  and  counterfeit  coins,  well  knowing  the  same  to  be  false 
and  counterfeit ;  contrary,  etc. 

No.  248. 

-  feloniously  did  falsely  make  and  forge,  and  cause  to  be 
falsely  made  and  forged,  and  will-     [§  5457,  R.  S.,  as  am.] 
ingly  aid  in  falsely  making  and  forging,  divers  coins,  to  wit, 
ten-  coins,  in  resemblance  of  the  silver  coin  theretofore  coined 
at  the  mints  of  the  said  United  States,  called  a  dollar ;  and 
that  the  said ,  on  or  about  the  day  aforesaid,  in  the 

-  and  district  aforesaid,  with  intent  to  defraud  some  per- 
son or  persons  to  this  affiant  unknown,  feloniously  did  have 
in  — h —  possession  divers  like  false  [§  5457,  R.  S.,  as  am.] 
and  counterfeit  coins,  to  wit,  ten  like  false  and  counterfeit 

coins,  — h —  the  said then  and  there  well  knowing 

the  same  to  be  false  and  counterfeit :  contrary,  etc. 

No.  249. 

—  feloniously  did  falsely  make  and  forge  divers  coins,  to 
wit,  about  twenty  coins,  in  resemblance  and  similitude  of  the 
silver  coin  before  that  time  coined  [§  5457,  R.  S.,  as  am.] 
at  the  mints  of  the  said  United  States,  called  a  dollar;  and 

that  the  said ,  on  or  about  the  day  last  aforesaid,  in 

the  [city]  and  district  aforesaid,  feloniously  did  have  in  — h — 
possession  divers  false  and  counter-  [§  5457,  R.  S.,  as  am.] 
feit  coins,  to  wit,  about  twenty  false  and  counterfeit  coins,  in 
resemblance  and  similitude  of  the  silver  coin  theretofore  coined 


166  FOEMS   ADAPTED   TO   CRIMINAL    CASES. 

at  the  mints  of  the  said  United  States,  called  a  dollar;  — li- 
the said  -  -  then  well  knowing  the  last-mentioned 
false  and  counterfeit  coins  to  be  false  and  counterfeit,  and  in- 
tending to  utter  and  sell  the  same,  and  thereby  to  defraud  the 
person  or  persons  into  whose  hands  the  same  should  come; 
contrary,  etc. 

No.  250. 

—  unlawfully  did  utter  and  pass,  with  intent  to  defraud 
[§  5457,  R.  S.,  as  am.]  one ,  a  false  and  counter- 
feit coin  in  similitude  of  the  silver  coin,  called  a  dollar,  there- 
tofore coined  at  the  mints  of  the  said  United  States;  — li- 
the said ,  at  the  time  when  — h —  so  uttered  and 

passed  the  said  false  and  counterfeit  coin,  well  knowing  the 
same  to  be  false  and  counterfeit ;  and  that  the  said  -  — , 

on  or  about  the  [13th]  day  of ,  A.  D.,  189-,  in  the  [city] 

and  district  aforesaid,  with  intent  to  defraud  [the  said]  - 

— ,  unlawfully  did  utter  and  pacs  another  false  and  counter- 
feit coin  in  similitude  of  the  silver  coin,  called  a  dollar,  there- 
tofore coined  at  the  mints  of  the  said  United  States;  — h — 
[§  54-57,  R.  S.,  as  am.]  the  said  • —  — ,  at  the  time  when 
— h —  so  uttered  and  passed  the  last-mentioned  false  and 
counterfeit  coin,  well  knowing  the  same  to  be  false  and 
counterfeit;  contrary,  etc. 

No.  251. 

-  with  intent  to  defraud  a  certain  person  whose  name  is 
[§  5457,  R.  S.,  as  am.]  to  this  affiant  as  yet  unknown,  felo- 
niously did  utter  and  attempt  to  pass  a  certain  false  and  coun- 
terfeit coin  in  the  similitude  of  the  silver  coin,  called  a  dollar, 
theretofore  coined  at  the  mints  of  the  said  United  States ;  and 
that  the  said  —  — ,  on  or  about  the  day  last  aforesaid, 
within  the  [city,  division  and]  district  aforesaid,  with  intent 
to  defraud  some  person  or  persons  to  this  affiant  unknown, 
feloniously  did  have  in  possession  a  certain  other  like  false 
[§  5457,  R.  S.,  as  am.]  and  counterfeit  coin;  — h —  the  said 
— ,  at  the  times  of  so  uttering  and  attempting  to  pass, 
and  having  in  possession,  the  said  false  and  counterfeit  coins, 
well  knowing  the  same  to  be  false  and  counterfeit ;  contrary, 
etc. 


COUNTERFEITING   COIN.  167 

> 

No.  252. 

with  intent  to  defraud  some  person  or  persons  to  this 

affiant  as  yet  unknown,  feloniously  [§  5157,  R.  S.,  as  am.] 
did  have  in  possession,  and  utter  and  pass,  divers  false  and 
counterfeit  coins  in  resemblance  and  similitude  of  the  silver 
coin  theretofore  coined  at  the  mints  of  the  said  United  States, 

called  a  dollar ;  — h —  the  said ,  at  the  time  of  so 

having  in  possession  and  uttering  and  passing  the  said  false 
and  counterfeit  coins,  well  knowing  the  same  to  be  false  and 
counterfeit;  contrary,  etc. 

No.  253. 

-  with  intent  to  defraud  one ,  feloniously  did 

utter  and  attempt  to  pass  a  certain  [§  5457,  R.  S.,  as  am.] 
false  and  counterfeit  coin  in  the  similitude  of  the  silver 
coin  theretofore  coined  at  the  mints  of  the  said  United 
States,  called  a  half-dollar;  and  feloniously  did  utter  and 
pass  another  like  false  and  counterfeit  coin,  with  intent  to 

defraud  one ;  and  feloniously  did  have  and  keep 

in  — h —   the  said   's  possession   [two]  other  like 

false  and  counterfeit  coins,  with     [§  5457,  R.  S.,  as  am.] 

intent  on  the  part   of  — h —  the  said to  defraud 

some  person  or  persons  to  this  complainant  as  yet  unknown ; 

— h —  the  said ,  at  the  several  times  when  — h —  so 

uttered,  attempted  to  pass,  passed  and  had  in  possession  the 
said  several  false  and  counterfeit  coins  as  aforesaid,  well 
knowing  the  same  to  be  false  and  counterfeit :  contrary,  etc. 


Indictment,  on  Sec.  5458,  R.  S.,  for  making,  passing  and 
having  in  possession  counterfeit  five-cent  pieces. 

No.  254  (1). 

unlawfully  and  feloniously  did  falsely  make  and  forge, 

and  cause  and  procure  to  be  falsely  made  and  forged,  and 
willingly  aid  and  assist  in  falsely  making  and     [§  5458,  R.  S.] 


168  FORMS    ADAPTED   TO   CRIMINAL   OASES. 

forging,  one  hundred  coins  in  the  similitude  of  the  minor  coin- 
age l  which  had  theretofore  been  coined  at  the  mints  of  the 
said  United  States,  called  a  five-cent  piece ;  against,  etc. 

No.  255  (2). 

-  with  intent  to  defraud  a  certain  person  to  the  said 
grand  jurors  unknown,  unlawfully  and  feloniously  did  pass 
and  utter,  as  true,  Jive  certain  false  and  forged  coins  in  the 
[§  5458,  R.  S.]     similitude  of  the  coin  of  the  said  United 
States,  called  a  five-cent  piece,  of  the  minor  coinage  thereto- 
fore coined  at  the  mints  of  the  said  United  States ;  — h —  the 

said —  then  and  there  well  knowing  the  last-mentioned 

false  and  forged  coins  to  be  false  and  forged  as  aforesaid: 
Against,  etc. 

No.  256  (3). 

-  with  intent  to  defraud  one2 ,  feloniously  did 

[§  5458,  R.  S.]     utter,  publish  and  pass  four  other  forged  and 
counterfeit  coins  in  the  resemblance  and  similitude  of  the 
copper-nickel  coin  called  a  five-cent  piece,  which  before  that 
time  had  been  coined  at  the  mints  of  the  said  United  States ; 
— h —  the  said  —  —  then  and  there,  to  wit,  at  the  time  and 

place  of  so  uttering,  publishing  and  passing  the  last-mentioned 
forged  and  counterfeit  coins,  well  knowing  the  same  to  be 
forged  and  counterfeit :  Against,  etc. 

No.  257  (4). 

with  intent  to  defraud  the  Chicago  City  Railway  Com- 
pany, (a  corporation  then  and  there  existing  under  that  name), 
[§  5458,  R.  S.]  unlawfully  and  feloniously  did  pass  and  utter, 
as  true,  five  other  false,  forged  and  counterfeited  coins  in  the 
similitude  of  the  minor  coin  of  the  said  United  States,  called 
a  five-cent  piece,  which  had  theretofore  been  coined  at  the 

mints  of  the  said  United  States;  — h —  the  said ,  at 

the  time  and  place  of  so  as  aforesaid  passing  and  uttering  the 
false,  forged  and  counterfeited  coins  last  aforesaid,  well  knowing 
the  same  to  be  false,  forged  and  counterfeited :  Against,  etc. 

J  See  Sec.  8515,  R  &,  and  1  Supp.  R  &,  2d  Ed,  807. 
2  See  No.  231,  note  1. 


COUNTERFEITING   COIN.  169 

No.  258  (5). 

feloniously  did  have  in  — h —  possession,  with  intent 

to  defraud  one  -  — ifiw  other  false  and     [§5458,  R.  S.] 

counterfeit  coins  in  the  resemblance  and  similitude  of  the  coin 
called  a  five-cent  piece,  of  the  minor  coinage  before  that  time 
coined  at  the  mints  of  the  said  United  States ;  — h —  the  said 
—  then  and  there,  to  wit,  at  the  time  and  place  of  so 
having  in  — h —  possession  the  false  and  counterfeit  coins  last 
aforesaid,  well  knowing  the  same  to  be  false  and  counterfeit; 
against,  etc. 

No.  259  (6). 

—  with  intent  to  defraud  certain  persons  to  the  said 
grand  jurors  unknown,  unlawfully  and  feloniously  did  have 
in  — h —  possession  one  hundred  other  false,  [§  5458,  R.  S.] 
forged  and  counterfeited  coins,  in  the  similitude  of  the  copper- 
nickel  coin  which  had  before  that  time  been  coined  at  the 
mints  of  the  said  United  States,  called  a  five-cent  piece;  — li- 
the said then  and  there  well  knowing  the  last-men- 
tioned false,  forged  and  counterfeited  coins  to  be  false,  forged 
and  counterfeited  as  aforesaid ;  against,  etc. 


"Complaint,  on  Sec.  5458,  R.  S.,  for  making,  haying  in  pos- 
session and  passing  counterfeit  five-cent  pieces. 

No.  260. 

did  falsely  make  and  forge  divers  coins  (the  precise 

number  whereof  is  to  this  affiant  unknown)  in  the  resem- 
blance and  similitude  of  the  copper-nickel  [§  5458,  R.  S.] 
coin,  called  a  five-cent  piece,  theretofore  coined  at  the  mints 
of  the  said  United  States ;  and  did  knowingly  have  in  — h— 
possession  divers  like  false  and  forged  coins,  (the  precise  num- 
ber whereof  is  to  this  affiant  unknown,)  with  [§  5458,  R.  S.] 
intent  to  defraud  divers  persons  to  this  affiant  unknown ;  and 
did  knowingly  utter  and  pass  three  like  false  [§  5458,  R.  S.] 
and  forged  coins,  with  intent  to  defraud  one ;  con- 
trary, etc. 


170  FORMS    ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  5461,  R.  S.,  for  uttering  and  passing 
copper  coins  not  authorized  by  law. 

No.  261  (1). 

unlawfully  did  utter  and  pass,  to  one ,  thirteen 

[§  5461,  R.  S.]  coins  of  copper,  of  original  design,  and  in- 
tended for  the  use  and  purpose  of  current  money;  the  same 
then  and  there  being  coins  not  authorized  by  law,  and  — li- 
the said  -  -  not  being  then  and  there  authorized  by 
law  to  utter  or  pass  the  same :  against,  etc. 


No.  262  (2). 

unlawfully  did  utter  and  pass,  to  one ,  twelve 

[§  5461,  R.  S.]  other  coins  of  copper,  of  original  design,  and 
intended  for  the  use  and  purpose  of  current  money;  the  same 
then  and  there  being  coins  not  authorized  by  law,  and  — li- 
the said not  being  then  and  there  authorized  by  law 

to  utter  or  pass  the  same ;  against,  etc. 

No.  263  (3). 

unlawfully  did  utter  and  pass,  to  one ,  twelve 

[§5461,R.  S.]  other  copper  coins,  intended  for  the  use  and 
purpose  of  current  money,  and  in  the  resemblance  of  the  one- 
cent  copper  coin  of  the  said  United  States ;  the  said  coins  so 
uttered  and  passed  as  last  aforesaid  being  then  and  there  coins 

not  authorized  by  law,  and  — h —  the  said not  being 

then  and  there  authorized  by  law  to  utter  or  pass  the  same : 
against,  etc. 


POSTAL  CRIMES. 


Indictment,  on  Sec.  3860,  R.  S.,  for  assaulting  a  post-office 
letter-carrier, 

No.  264. 

— —  with  force  and  arms,1  in  and  upon  one  J K ,  a 

letter-carrier  for  the  post-office  of  the  said  United  States  at 
—  aforesaid  then  and  there  being,  willfully  and  maliciously 

did  make  an  assault, —  the  said  J—   -  K [§  3869,  R.  S.] 

then  and  there  being  in  uniform,  and  engaged  on  his  route  in 
the  discharge  of  his  duty,  as  such  letter-carrier  as  aforesaid, — 

and  him  the  said  J K —  -  then  and  there  willfully  and 

maliciously  did  beat,  wound  and  ill-treat,  and  other  wrongs 
to  him  then  and  there  willfully  and  maliciously  did ;  — li- 
the said then  and  there  well  knowing2  the  said 

J—  -  K to  be  such  letter-carrier,  in  uniform,  and  en- 
gaged on  his  route  in  the  discharge  of  his  duty,  as  aforesaid : 
against,  etc. 


Indictment,3  on  Sec.  3887,  R.  S.,  (Sec.  23,  Act  of  March  3, 
1879,  and  Sec.  2,  Act  of  Jan.  20,  1888,—  !  Supp.  R.  S., 
2d  Ed.,  248  and  578,)  for  inclosing  first-class  mail- 
matter  in  third  class. 

No.  265. 

—  unlawfully  did  conceal  and  inclose  certain  mail-matter 
of  the  first  class,  to  wit,  three  written  letters,  in  certain  mail- 
matter  of  the  third  class,  to  wit,  in  [§  3887,  R.  S.,  as  am.] 


1  See  1  Bish.  Cr.  Proc.  §  502. 

2  Scienter  must  be  alleged.     D.  S.  v.  Taylor,  57  F.  R  391.    See,  also,  Nos. 
99,  177,  and  494 

3  As  to  indicting  for  penalties,  see  No.  115,  note. 


172  FORMS   ADAPTED   TO  CRIMINAL   CASES. 

three  several  printed  circulars,  (in  envelopes  directed  to  three 
several  addresses,)  and  deposit  or  cause  to  be  deposited  the 
said  letters,  and  the  said  circulars  wherein  the  same  were  so 
concealed  and  inclosed  as  aforesaid,  in  the  post-office  of  the 
United  States  of  America  at  -  -  aforesaid,  for  conveyance 
by  mail  of  the  said  United  States  at  a  less  rate  of  postage 
than  would  have  been  charged  for  both  the  said  letters  and 
the  said  circulars,  to  wit,  at  the  rate  then  by  law  fixed  for 
mail-matter  of  the  third  class ;  against,  etc. 

Indictment^  on  Sec.  3891,  B.  8.,  against  a  postmaster,  for 
opening  and  detaining  a  letter. 

No.  266. 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
postmaster  at  the  post-office  of  the  said  United  States  at  — 
[§  3891,  R.  8.]    aforesaid,  unlawfully  did  detain,  delay  and 
open  a  certain  letter  then  and  there  addressed  to  one  

— ,  at aforesaid ;  which  said  letter  then  and  there  had 

come  into  the  possession  of  the  said ,  as  such  post- 
master as  aforesaid,  and  was  intended  to  be  delivered  from 
the  said  post-office,  the  same  then  and  there  being  a  post- 
office  established  by  authority  of  the  Postmaster-General  of 
the  said  United  States :  against,  etc. 


Indictment,  on  8ec.  3891,  B.  8.,  against  a  letter-carrier, 
for  embezzling  a  letter.1 

No.  267. 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
as  a  letter-carrier  of  and  for  the  post-office  of  the  said  United 

States  at  aforesaid,  unlawfully  and  feloniously  did  se- 

[§  3891,  B.  8.]  crete  and  embezzle  a  certain  letter  then  and 
there  intrusted  to  him  and  intended  to  be  carried  and  deliv- 
ered by  a  letter-carrier ;  against,  etc. 

See  No.  364.  note  2. 


POSTAL   CRIMES.  173 


Indictment,  on  Sec.  3892,  R.  S.,  for  taking  a  letter  before 
its  delivery,  and  with  a  design  to  pry  into  the  business 
of  another ;  and  for  secreting,  embezzling  and  destroy- 
ing a  letter  before  its  delivery. 

No.  268  (1). 

with  a  design  to  obstruct  the  correspondence  and  pry 

into  the  business  and  secrets  of  another,  unlawfully  did  take 
a  certain  letter  which  then  lately  before  had  [§  3892,  R.  S.] 
been  in  the  post-office  of  the  said  United  States  there,  and  had 
not  then  been  delivered  to  the  person  to  whom  the  same  was 

directed,  that  is  to  say,  a  certain  letter  directed  to  one , 

at aforesaid ;  against,  etc. 


No.  269  (2). 

-  a  certain  letter  which  then  lately  before  had  been  in 
the  post-office  of  the  said  United  States  there,  to  wit,  a  cer- 
tain letter  directed  to  one .  at aforesaid,  un- 
lawfully did  secrete,  embezzle  and  destroy,  [§  3892,  R.  S.] 
before  the  same  had  been  delivered  to  the  person  to  whom  it 
was  so  directed ;  against,  etc. 


Indictment,  on  Sec.  3892,  R.  S.,  for  taking  letters  before 
their  delivery,  and  with  a  design  to  obstruct  the  corre- 
spondence of  another ;  and  for  embezzling  the  same. 

No.  2TO  (1). 

unlawfully  did  take  a  certain  letter,  directed  to  one 

G S.  P ,  at  -    -  aforesaid,  out  of  the    [§  3892,  R.  S.] 

post-office  of  the  said  United  States  there,  before  the  said  let- 
ter had  been  delivered  to  the  said  person  to  whom  it  was  so 
directed,  and  with  a  design. to  obstruct  the  correspondence, 
and  to  pry  into  the  business  and  secrets,  of  another ;  against, 
etc. 


174  FORMS   ADAPTED  TO   CRIMINAL   CASES. 

No.  271  (2). 

-  a  certain  other  letter,  which  then  had  been  in  the  post- 

ofljce  of  the  said  United  States  in  the  said  city  of ,  and 

was  directed  to  one  G S.  P ,  at aforesaid,  unlaw- 

[§  3892,  R.  S.]  fully  did  take,  before  the  same  letter  had  been 
delivered  to  the  said  person  to  whom  it  was  so  directed,  and 
with  a  design  to  obstruct  h —  correspondence,  and  pry  into 
h —  business  and  secrets ;  against,  etc. 

No.  272  (3). 

a  certain  letter  and  packet,  which  then  had  been  in  a 

[§  3892,  R.  S.]  post-office,  unlawfully  did  secrete  and  em- 
bezzle, before  the  same  had  been  delivered  to  the  person  to 
whom  it  was  directed ;  against,  etc. 

No.  273  (4). 

unlawfully  did  take  a  certain  packet,  directed  to  one 

[§  3892,  R.  S.]     G S.  P ,  at  -    -  aforesaid,  out  of  the 

post-office  of  the  said  United  States  in  that  city,  before  the 
same  packet  had  been  delivered  to  the  said  person  to  whom 
it  was  so  directed,  and  with  a  design  to  obstruct  the  corre- 
spondence and  pry  into  the  business  and  secrets  of  another ; 
against,  etc. 

No.  274  (5). 

a  certain  other  letter  and  packet,  which  then  had  been 

in  a  post-office,  to  wit,  the  post-office  of  the  said  United  States 

at aforesaid,  and  was  directed  to  one  G S.  P ,  at 

[§  3892,  R.  S.]  that  city,  unlawfully  did  take,  before  the 
same  had  been  delivered  to  the  said  person  to  whom  it  was  so 
directed,  and  with  a  design  to  obstruct  h —  correspondence 
and  to  pry  into  h —  business  and  secrets,  and  the  same  let- 
ter and  packet  then  and  there,  before  the  same  had  been  de- 
livered as  aforesaid,  unlawfully  did  secrete,  embezzle  and 
destroy ;  against,  etc. 


POSTAL   CRIMES.  175 

Indictment,  on  Sec.  3892,  R.  S.,  for  taking  letters  before 
their  delivery,  with  a  design  to  obstruct  the  corre- 
spondence of  another ;  and  for  secreting  the  same. 

No.  275  (1). 

-  a  certain  letter,  which  then  and  there  had  been  in  a 
post-office,  to  wit,  the  post-office  of  the  said  United  States  at  — 
aforesaid,  and  was  directed  to  certain  persons  by  and  under 
the  style  and  address  of  J.  U—  -  &  Co.,  at  that  city,  unlaw- 
fully did  take,  before  the  same  had  been  de-     [§  3892,  R.  S.] 
livered  to  the  said  persons  to  whom  it  was  so  directed,  and 
with  a  design  to  obstruct  the  correspondence,  and  to  pry  into 
the  business  and  secrets,  of  another ;  against,  etc. 

No.  2T6  (2). 

—  a  certain  letter  and  packet,  which  then  had  been  in  a 
post-office,  to  wit,  the  post-office  of  the  said  United  States  in 
that  city,  and  was  directed  to  certain  persons  then  using  the 
firm-name  and  style  of  J.  U &  Company,  at •  afore- 
said, unlawfully  did  take,  before  the  same  letter  and  packet 
had  been  delivered  to  the  said  persons  to  [§  3892,  R.  S.] 
whom  it  was  so  directed,  and  with  a  design  to  obstruct  their 
correspondence,  and  to  pry  into  their  business  and  secrets ; 
against,  etc. 

No.  277  (3). 

-  a  certain  other  letter  and  packet,  which  then  had  been 
in  a  post-office,  unlawfully  did  secrete,  embezzle  and  destroy, 
before  the  same  had  been  delivered  to  the     [§  3892,  R.  S.] 
person  to  whom  it  was  directed ;  against,  etc. 

Indictment,  on  Sec.  3892,  R.  S.,  for  taking  and  embezzling 
letters  before  their  delivery;  with  counts  on  Sec.  5469, 
R.  S.,  for  obtaining  the  same  by  fraud,  from  a  clerk 

in  a  post-office. 

No.  278  (1). 

a  certain  packet,  which  then  was  directed,  and  had  not 

yet  been  delivered,  to  one ,  unlawfully  did  take  out 

of  the  post-office  of  the  said  United  States     [§  3892,  R.  S.] 
there,  and  secrete,  embezzle  and  destroy ;  against,  etc. 


176  FOBMS   ADAPTED   TO   CRIMINAL   OASES. 

No.  279  (2). 

within  the  city  and  district  aforesaid,  a  certain  letter 

and  packet,  which  then  was  directed  to  one  —  — ,  at  - 

aforesaid,  and  had  not  yet  been  delivered  to  h — ,  unlaw- 
[§  3892,  R.  S.]  fully  did  take  out  of  the  post-office  of  the 
said  United  States  there,  and  secrete,  embezzle  and  destroy ; 
against,  etc. 

No.  280  (3). 

a  certain  letter  and  packet,  which  then  was  directed 

to  one ,  at aforesaid,  and  had  not  yet  been  de- 

[§  3892,  R.  S.]  livered  to  h— ,  unlawfully  did  take  out  of 
the  post-office  of  the  said  United  States  there,  and  secrete, 
embezzle  and  destroy ;  against,  etc. 

No.  281  (4). 

unlawfully  did  secrete,  embezzle  and  destroy  certain 

[§  3892,  R.  S.]  letters  and  packets  which  then  had  been  in 
the  post-office  of  the  said  United  States  there,  and  had  not 
been  delivered  to  the  person  to  whom  the  same  were  directed, 
that  is  to  say,  two  letters  and  two  packets,  each  then  directed 
to  one ,  at aforesaid ;  against,  etc. 

No.  282  (5). 

unlawfully  did  secrete,  embezzle  and  destroy  certain 

letters  and  packets,  to  wit,  two  letters  and  two  packets,  which 
(§  3892,  R.  S.]  then  had  been  in  the  post-office  of  the  said 

United  States  there,  and  were  directed  to  one at 

-  aforesaid,  and  had  not  yet  been  delivered  to  h —  the 
said ;  against,  etc. 

No.  283  (6).» 

a  certain  packet,  then  and  there  directed  to  one  - 

,  at  • aforesaid,  and  containing  an  article  of  value, 

feloniously  did  take  from  the  post-office  of  the  said  United 
[§  5469,  R.  S.]  States  there,  and  open,  embezzle  and  destroy ; 
against,  etc. 


iSee2Whar.  Pr.  llOa 
2  See  2  Whar.  Pr.  1101. 


POSTAL   CRIMES.  177 

No.  284  (7). 

present,  that  heretofore,  to  wit,  on,  etc.,  at,  etc.,  in,  etc., 

there  was  in  the  post-office  of  the  said  United  States  there, 

and  in  the  custody  of  one  C T.  G ,  then  and  there 

being  a  clerk  in  and  for  the  said  post-office,  a  certain  packet 

which  then  lately  before  had  been  sent  by  mail  from , 

in  the  state  of ,  for  and  to  be  delivered  to  one  I L. 

M ,  at aforesaid,  in  the  district  aforesaid,  and  which 

then  and  there  contained  an  article  of  value :  And  that  the 
said  -  -  then  and  there,  by  fraud  and  deception,  that  is 

to  say,  by  fraudulently,  deceitfully  and  contrary  to  the  truth 

pretending  to  have  been  sent  by  the  said  I L.  M for 

the  last-mentioned  packet,  and  to  have  been  by  h —  author- 
ized to  take  the  same  from  the  said  post-office,  feloniously  did 
without  right  obtain  the  same  packet,  so  containing  an  article 

of  value,  from  the  said  C T.  G ,  so     [§  5469,  R.  8.] 

being  such  clerk  and  having  the  custody  thereof  as  aforesaid ; 
against,  etc. 


Indictment,  on  Sec.  3893,  R.  S.,  as  amended  by  Sec.  2  of 
the  Act  of  Sep.  26, 1888,  (1  Supp.  R.  S.,  2d  Ed.,  621,) 
for  depositing  in,  and  taking  from,  the  mails  obscene 
books. 

No.  285  (1). 

ten  obscene,  lewd  and  lascivious  books,  and  publications 

of  an  indecent  character,  addressed  to  divers  persons  respect- 
ively, unlawfully  did  knowingly  '  deposit,  and  cause2  to  be  de- 
posited, in  the  post-office  there,  for  mailing,  that  is  to  say, 
ten 3  copies  of  a  certain  obscene,4  lewd  [§  3893,  R.  S.,  as  am.] 
and  lascivious  book,  and  publication  of  an  indecent  char- 


1  Includes  allegation  of  defendant's  knowledge  of  the  obscene  character 
of  the  matter  mailed.     U.  S.  v.  Clark,  37  F.  R  106;  contra^  U.  S.  v.  Slenker, 
32  F.  R  691. 

2  Bates  v.  U.  £,  10  F.  R  92 ;  U.  S.  v.  Fero,  18  Id.  901. 

3  Not  double.    See  In  re  Henry,  123  U.  a  372 ;  C7.  S.  v.  Patty,  2  F.  R  664, 
666 ;  No.  6,  note  16. 

4  For  definition  of  the  word  obscene  as  used  in  the  statute,  see  U.  S.  v. 
Clarke,  38  F.  R  732;  U.  S.  v.  Martin,  50  Id.  918;  U.  S.  v.  Males,  51  Id.  41. 

12 


178  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

acter,  in  the  German  language,  and  entitled 5  in  that  language 
"Der  Jugend-Spiegel,  oder  Die  Geheimnisse  des  Gcschlectsurn- 
ganges;  "  which  German  title  signifies  and  means,  in  the  Eng- 
lish language,  "  The  Mirror  of  Youth,  or  the  Secrets  of  Sexual 
Intercourse: "  which  said  book  and  publication  is  so  obscene 
and  indecent  that  the  same  would  be  offensive  to  the  court 
here,  and  improper  to  be  placed  upon  the  records  thereof,6 
wherefore  the  grand  jurors  aforesaid  do  not  set  forth  the 
same  in  this  indictment :  Against,  etc. 

No.  286(2). 

—  unlawfully  did  knowingly  take,  and  cause  to  be  taken, 
[§  3893,  R.  S.,  as  am.]  from  the  mails  of  the  said  United 
States,  six  other  obscene,  lewd  and  lascivious  books,  and  pub- 
lications of  an  indecent  character,  for  the  purpose  of  circulat- 
ing and  disposing  of  the  same,7  and  of  aiding  in  the  circulation 
and  disposition  of  the  same,  that  is  to  say,  six  copies  of  a  cer- 
tain obscene,  lewd  and  lascivious  book,  and  publication  of  an 
indecent  character,  entitled  "  The  Anchor  of  Rescue;  "  (which 
last-mentioned  book  and  publication  is  so  indecent  and  ob- 
scene that  the  same  would  be  offensive  to  the  court  here,  and 
improper  to  be  placed  upon  the  records  thereof,  wherefore 
the  grand  jurors  aforesaid  do  not  set  forth  the  same  in  this 
indictment;)  against,  etc. 


Indictment,  on  Sec.  3893,  E.  S.,  (Sec.  2,  Act  Sep.  26, 1888; 
1  Snpp.  R.  S.,  2d  Ed.,  621,)  for  mailing  an  obscene 
book,  and  advertisements  of  the  same. 

No.  287  (1). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 

[§  3893,  R.  S.,  as  am.]     posited,  in  the  post-office  of  the  said 
United  States  there,  for  mailing  and  delivery,  to  the  address 

5  Objectionable  matter  should  be  described  by  giving  title,  date  of  publi- 
cation, or  otherwise.     U.  S.  v.  Harmon  et  al,  84  F.  R.  872. 

6  That  obscene  matters  need  not  be  set  out,  although  averment  of  their 
obscenity  must  be  made,  see  2  Wbar.  Pr.,  §  968,  and  note ;  1  Whar.  Cr.  L, 
§311.    See  No.  809,  note. 

7  The  clause  "  for  the  purpose  of  circulating  or  disposing  of    ...    the 


POSTAL   CRIMES.  179 

of  R.  W.  McAfee,  Esq.,  Box  303,  Collinsville,  Illinois,  a  cer- 
tain printed  advertisement  and  a  certain  written  letter  and 
notice '  together  giving  information  where,  how  and  of  whom 
might  be  obtained  a  certain  obscene,  lewd  and  lascivious  book, 
and  publication  of  an  indecent  character,  entitled  "  The  Cur- 
tain Lifted;  "  against,  etc. 

No.  288  (2). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  [§  3893,  K.  S.,  as  am.] 
United  States  there,  for  mailing  and  delivery,  a  certain  ob- 
scene, lewd  and  lascivious  book,  and  publication  of  an  inde- 
cent character,  then  and  there  addressed  to ,  that  is 

to  say,  a  certain  obscene,  lewd  and  lascivious  book,  and  pub- 
lication of  an  indecent  character,  entitled  "  The  Curtain 
Lifted;  "  against,  etc. 

No.  289  (3). 

-  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  [§  3893,  R.  S.,  as  am.] 
United  States  there,  for  mailing  and  delivery,  a  certain  en- 
velope then  and  there  bearing  the  address  of ,  and 

containing  a  certain  printed  advertisement  and  notice  giving 
information  where,  how  and  of  whom  might  be  obtained  a 
certain  obscene,  lewd  and  lascivious  book,  and  publication  of 
an  indecent  character,  in  the  said  advertisement  and  notice 
styled  "  Dr.  Ox's  Marriage  Guide;  "  against,  etc. 

same  "  applies  only  to  the  offense  of  taking  an  obscene  publication  from  the 
mails,  and  not  to  that  of  depositing  one  in  them.  U,  S.  v.  Chase,  27  F.  R 
807. 

1  That  the  notice  need  not  be  set  out,  see  Bates  v.  U.  S.,  10  F.  R  92 ;  (post, 
No.  303,  note) ;  contra,  U.  S.  v.  Kaltmeyer,  16  Id.  760.  See,  also,  U.  S.  v. 
Grimm,  45  F.  R  558. 


180  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26,  1888, 
1  Snpp.  R.  S.,  2d  Ed.,  621,)  for  mailing  an  obscene 
pamphlet. 

No.  290. 

unlawfully  did  knowingly  deposit  for  mailing,  and 

cause  to  be  deposited  for  mailing,  in  the  post-office  of  the  said 
United  States  there,  a  certain  packet,  then  and  there  addressed 

to  one at ,  in  the  state  of ,  and  containing 

a  certain  obscene  and  lewd  pamphlet  and  paper,  and  publica- 
tion of  an  indecent  character,  that  is  to  say,  a  certain  printed 
pamphlet  and  paper  bearing  on  the  front  of  the  cover  thereof, 
in  tJie  place  of  a  title,  (amongst  other  things)  the  words  "Spe- 
cific Medicines — Dr.  D 's  Specific  for  Nervous  Debility ;  " 

which  said  printed  pamphlet  and  paper  is  so  obscene,  lewd 
and  indecent  that  the  same  would  be  offensive  to  the  court 
here,  and  therefore,  as  well  as  by  reason  of  the  great  length 
thereof,1  improper  to  be  placed  upon  the  records  of  this  court, 
wherefore  the  grand  jurors  aforesaid  do  not  set  forth  the  same 
in  this  indictment.  And  so  the  grand  jurors  aforesaid,  upon 
their  oath  aforesaid,  do  say,  that  the  said ,  in  man- 
ner and  form  aforesaid,  did  knowingly  deposit,  and  cause  to 
[§  3893,  R.  S.,  as  am.]  be  deposited,  for  mailing,  an  obscene 
and  lewd  pamphlet  and  paper,  and  publication  of  an  indecent 
character;  against,  etc. 


Indictment,  on  See.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26,  1888, 
1  Supp.  R.  S.,  2d  Ed.,  621,)  for  mailing  an  envelope 
containing  an  obscene  pamphlet. 

No.  291. 

unlawfully  did  knowingly  deposit  for  mailing,  and 

cause  to  be  deposited  for  mailing,  in  the  post-office  of  the 
said  United  States  there,  a  certain  envelope  or  wrapper,  then 
and  there  bearing  the  address  of  —  — ,  and  containing  a 
certain  obscene  and  lewd  pamphlet  and  paper,  and  publica- 
tion of  an  indecent  character,  entitled  " ;"  Which  said 


1  See  U.  S.  v.  Kaltmeyer,  16  F.  R.  760.     See,  also,  No.  309,  note. 


POSTAL   CRIMES.  181 

pamphlet,  paper  and  publication  is  so  obscene,  lewd  and  inde- 
cent that  the  same  would  be  offensive  to  the  court  here,  and 
therefore,  as  well  as  by  reason  of  the  great  length  thereof, 
improper  to  be  placed  upon  the  records  of  this  court,  where- 
fore the  grand  jurors  aforesaid  do  not  set  forth  the  same  in 
this  indictment.  And  so  the  grand  jurors  aforesaid,  upon 
their  oath  aforesaid,  do  say,  that  the  said ,  in  man- 
ner and  form  aforesaid,  did  knowingly  deposit,  and  cause  to 
be  deposited,  for  mailing,  an  obscene  [§  3893,  R.  S.,  as  am.] 
and  lewd  pamphlet  and  paper,  and  publication  of  an  indecent 
character;  against,  etc. 


Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26, 1888, 
1  Supp.  R.  S.,  2d  Ed.,  621,)  for  mailing  obscene  and 
lewd  pictures  and  delineations,  and  a  letter  in  a  for- 
eign language. 

No.  292  (1). 

-  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  a  post-office  of  the  said  United  States,  for  mailing 
and  delivery,  a  certain  envelope  then  [§  3893,  R.  S.,  as  am.] 

and  there  directed  to  one ,  at aforesaid,  and 

containing  two  obscene,  lewd  and  indecent  pictures;  against, 

etc. 

No.  293  (2). 


-  unlawfully  did  knowingly  deposit,  and  cause  to  be 
deposited,  in  the  post-office  of  the  said  United  States  there, 
for  mailing  and  delivery,  a  certain  [§  3893,  R.  S.,  as  am.] 

envelope  then  and  there  directed  to  one ,  at 

aforesaid,  and  containing  certain  obscene,  lewd  and  indecent 
pictures  and  delineations,  (of  too  indecent  character  to  be  here 
described,1)  and  a  certain  obscene,  lewd  and  indecent  letter, 
paper  and  writing,  in  the  Norwegian  language;  (which  said 
letter,  paper  and  writing  is  so  obscene,  lewd  and  indecent  that 
the  same  would  be  offensive  to  the  court  here,  and  improper 
to  be  placed  upon  the  records  thereof,  wherefore  the  grand 
jurors  aforesaid  do  not  set  forth  the  same  in  this  indictment ;) 
against,  etc. 

1  See  U.  S.  v.  Kaltmeyer,  16  F.  R  760 ;  No.  285,  note  6. 


182  FORMS   ADAPTED    TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26,  1888, 
1  Supp.  1!.  S..  2d  Mi!..  621,)  for  mailing  an  obscene 
letter. 

No.  294. 

unlawfully  did  knowingly  deposit,  and  cause  to  be 

[§  3893,  R.  S.,  as  am.]  deposited,  in  the  post-office  of  the 
said  United  States  in  that  city,  for  mailing  and  delivery,  a 
certain  envelope  then  and  there  bearing  the  address  of  - 

,  and  containing  a  certain  obscene,  lewd  and  indecent 

letter;1  (which  said  letter  is  so  obscene,  lewd  and  indecent 
that  the  same  would  be  offensive  to  the  court  here,  and  im- 
proper to  be  placed  upon  the  records  thereof,  wherefore  the 
grand  jurors  aforesaid  do  not  set  forth  the  same  in  this  in- 
dictment;) against,  etc. 


Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26,  1888, 
1  Snpp.  R.  S.,  2d  Ed.,  621,)  for  mailing  an  envelope  con- 
taining a  lewd  paper,  writing,  print  and  publication. 

No.  295. 

unlawfully  did  knowingly  deposit  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  for 
mailing  and  delivery,  a  certain  envelope  then  and  there  bear- 
ing the  address  of ,  and  containing  a  certain  obscene 

and  lewd  paper,  writing,  print  and  publication  of  an  indecent 
character;  which  said  paper,  writing,  print  and  publication  is 
so  obscene,  lewd  and  indecent  that  the  same  would  be  offen- 
sive to  the  court  here,  and  improper  to  be  placed  upon  the 
records  thereof,  wherefore  the  grand  jurors  aforesaid  do  not 
set  forth  the  same  in  this  indictment.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 
[§  3893,  R.  8.,  as  am.]  said  -  — .in  manner  and  form 

»  Obscene  letter  non-mailable  since  Act  Sep.  26, 1888, 1  Supp.  R  S.,  2d  Ed.. 
621.  See  U.  &  v.  Chase,  135  U.  S.  255,  262 ;  U.  S.  v.  Andrews,  58  F.  R  861. 
Contra:  U.  S.  v.  Wilson,  58  Id.  768 ;  U.  S.  v.  Warner,  59  Id.  355 ;  U.  S.  v. 
Jarvis,  Ib.  357.  Query  if  letter  should  not  be  here  described  by  giving  date, 
address,  number  of  pages,  signature,  etc. 


POSTAL   CRIMES.  183 

aforesaid,  did  knowingly  deposit  and  cause  to  be  deposited, 
for  mailing  and  delivery,  an  obscene  and  lewd  paper,  writing, 
print  and  publication  of  an  indecent  character ;  against,  etc. 


Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26, 1888, 
1  Supp.  R.  S.,  2d  Ed.,  621,)  for  mailing  newspapers  con- 
taining obscene  matter. 

No.  296  (1). 

-  did  knowingly  deposit,  and  cause  to  be  deposited,  in  the 
post-office  of  the  said  United  States  there,  for  mailing  and  de- 
livery, certain  printed  newspapers,  to  wit,  one  hundred  printed 
newspapers,  then  and  there  addressed  to  divers  persons  re- 
spectively, and  each  then  and  there  containing  (amongst  other 
things)  the  following  matters  in  print,  that  is  to  say :  [insert 
dippings'].  And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  at  the  time  and 

place  in  that  behalf  aforesaid,  in  manner  and  form  aforesaid, 
unlawfully  did  knowingly  deposit,  and  cause  to  be  deposited, 
for  mailing  and  delivery,  obscene,  [§  3893,  R.  S.,  as  am.] 
lewd  and  lascivious  papers  and  prints,  and  publications  of  an 
indecent  character ;  against,  etc. 


No.  297  (2). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  [§  3893,  R.  S.,  as  am.] 
United  States  there,  for  mailing  and  deliver}',  a  certain  other 
obscene,  lewd  and  lascivious  paper,  and  publication  of  an  in- 
decent character,  that  is  to  say,  a  certain  other  printed  paper, 

then  and  there  addressed  to  one and  intended  for 

delivery  to  h —  at  aforesaid,  from  and  by  means  of 

the  said  postoffice,  and  containing  (amongst  other  things)  the 
obscene,  lewd,  lascivious  and  indecent  matters  following,  to 
wit :  [insert  clippings'] :  Against,  etc. 


184  FORMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  3893,  R.  S.,  (Sec.  2,  Act  Sep.  26, 
1888,  1  Supp.  R.  8.,  2d  Ed.,  621,)  for  mailing  circu- 
lars, notices,  pamphlets,  books  and  letters,  giving  in- 
formation where  an  article  designed  for  the  prevention 
of  conception,  and  for  indecent  and  immoral  use,  might 
be  obtained. 

No.  298  (1). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  Fnited  States  there,  for 
[§  3893,  R.  S.,as  am.]  mailing  and  delivery,  fifty  envelopes, 
then  and  there  directed  respectively  to  divers  persons  and 
addresses  to  the  said  grand  jurors  unknown,  and  containing 
respectively  printed  circulars,  advertisements  and  notices  giv- 
ing information  where,  how  and  of  whom  might  be  obtained 
an  article  called  the  Ideal  Safety  Syringe,  designed  and  in- 
tended for  the  prevention  of  conception ;  against,  etc. 


No.  299  (2). 

—  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  a  post-office  of  the  said  United  States,  for  mailing 
[§  3893,  R.  S.,  as  am.]  and  delivery,  a  certain  envelope,  then 
and  there  bearing  the  address  of  Mrs.  M.  Rush,  Idaho  City, 
Idaho,  and  containing  a  certain  printed  pamphlet,  and  a  cer- 
tain circular  partly  written  and  partly  printed,  respectively 
giving  information  where,  how  and  of  whom  might  be  ob- 
tained an  article  and  thing  designed  and  intended  for  the 
prevention  of  conception;  against,  etc. 

No.  300  (3). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 

[§  3893,  R.  S.,  as  am.]  posited,  in  the  post-office  of  the  said 
United  States  there,  for  mailing  and  delivery,  to  divers  per- 
sons and  addresses  to  the  said  grand  jurors  unknown,  ten 
printed  pamphlets,  circulars  and  notices  giving  information 
where,  how  and  of  whom  might  be  obtained  an  article  and 
instrument  designed  and  intended  for  the  prevention  of  con- 
ception; against,  etc. 


POSTAL   CRIMES.  185 

No.  301  (4). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  [§  3893,  R.  S.,  as  am.] 
United  States  there,  for  mailing  and  delivery,  a  certain  en- 
velope then  and  there  directed  to  R.  W.  McAul,  Esq.,  Box 
303,  Collinsville,  Illinois,  and  containing  a  certain  printed 
book  giving  information  where,  how  and  of  whom  might  be 
obtained  an  article  designed  and  intended  for  the  preven- 
tion of  conception  and  the  procuring  of  abortion;  against,  etc. 

No.  302  (5). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  [§  3893,  R.  S.,  as  am.] 
United  States  at  the  said  city  of ,  for  mailing  and  de- 
livery, a  certain  envelope  then  and  there  directed  to  Robert 
W.  McAfee,  Box  303,  Collinsville,  Illinois,  and  containing  a 
certain  letter  giving  information  where,  how  and  of  whom 

might   be    obtained   an    article,   called ,   intended  and 

adapted  for  indecent  and  immoral  use;  against,  etc. 

No.  303  (6).1 

-  unlawfully  did  knowingly  deposit  for  mailing,  and 
cause  to  be  deposited  for  mafling,  in     [§  3893,  R.  S.,  as  am.] 

the  post-office  of  the  said  United  States  at aforesaid,  to 

the  address  of  II.  Hamilton,  Collinsville,  III.,  a  certain  printed 
book  giving  information  indirectly  where,  how  and  of  whom 
might  be  obtained  an  article  designed  and  intended  for  the 
prevention  of  conception ;  against,  etc. 

1  This  is  the  form  of  the  first  count  in  an  indictment  against  one  Bate,  sus- 
tained by  Judge  Drumruond,  on  error  to  the  Circuit  Court,  in  Bates  v.  U.  S., 
10  F.  R  92.  Particular  attention  is  called  to  the  interesting  and  able  note, 
appended  to  the  report  of  this  decision,  by  Francis  Wharton.  author  of  the 
well-known  works  on  criminal  law,  touching  upon  the  points  raised  by  the 
defendant  as  to  the  use  of  decoy  letters,  and  as  to  the  ineffectiveness  of 
the  instrument  or  article  referred  to. 


186  FOB3IS    ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  1,  Act  Sep.  26,  1888,  (1  Supp.  R.  S.,  2d 
Ed.,  621,)  for  mailing  a  postal  card  having  written 
thereon  lewd  and  indecent  epithets,  terms  and  language. 

No.  304. 

unlawfully  did  knowingly  deposit  and  cause  to  be  de- 

[Sec.  1,  Act  Sep.  26,  1888.]  posited,  in  the  post-office  of  the 
said  United  States  there,  for  mailing  and  delivery,  a  certain 
postal  card,  then  bearing  the  address  of  Miss  Gate  Scanlan, 
%93  ShurlffAv.,  Chicago,  ILL,  upon  which  postal  card  obscene, 
lewd  and  indecent  epithets,  terras  and  language  were  then 
written;  (which  epithets,  terms  and  language  so  written  upon 
the  said  postal  card  are  so  obscene  and  indecent  that  the  same 
would  be  offensive  to  the  court  here,  and  improper  to  be  placed 
upon  the  records  thereof,  wherefore  the  grand  jurors  afore- 
said do  not  set  forth  the  same  in  this  indictment ;)  against, 
etc. 


Indictment,  on  Sec.  1,  Act  Sep.  26,  1888,  (1  Supp.  R.  S., 
2d  Ed.,  621,)  for  mailing  a  postal  card  having  indecent 
and  lewd  terms  and  language  written  thereon. 

No.  305  (1). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  for 
mailing  and  delivery,  a  certain  postal  card,  then  bearing  the 
address  of  Paddy  Winters,  Memphis,  Term.,  Shelby  County, 
Tenn.,  upon  which  said  postal  card  was  then  written  as  fol- 
lows, to  wit:  [here  insert  writing  on  postal  card].  And  so  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that 
the  said  -  — ,  in  manner  and  form  aforesaid,  did  knovv- 
[Sec.  1,  Act  Sep.  26,  1888.]  ingly  deposit,  and  cause  to  be 
deposited,  for  mailing  and  delivery,  a  postal  card  upon  which 
indecent,  lewd  and  obscene  epithets,  terms  and  language  were 
written ;  against,  etc. 


POSTAL   CRIMES.  187 

No.  306  (2). 

—  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  for 

mailing  and  delivery,  to  the  address  of — ,  a  certain 

other  postal  card,  whereon  were     [Sec.  1,  Act  Sep.  26,  1888.] 
then  written  indecent,  lewd  and  obscene  epithets,  terms  and 
language,  to  the  effect  following,  to  wit —  [insert  writing]  - 
against,  etc. 

Indictment,  on  Sec.  1,  Act  Sep.  26,  1888,  (1  Supp.  R.  S., 
2d  Ed.,  621,)  for  mailing  a  postal  card  having  indecent 
and  obscene  epithets  and  terms  in  a  foreign  language 
written  thereon. 

No.  307  (1). 

-  unlawfully  did  knowingly  deposit  for  mailing,  and 
cause  to  be  deposited  for  mailing,  in  the  North-Division  Station 
of  the  post-office  of  the  said  United  States  at  Chicago  afore- 
said, a  certain  postal  card,  then  bearing  the  address  following, 

to  wit  — 

To  the  Christian  Swedish  H 

Sophia  Breh 
Englewood 

Illinois 

and  whereon  was  then  written  as  follows,  to  wit —  [here  in- 
sert writing  as  spelled  and  arranged  on  the  card} ;  the  words 
and  characters  so  written  on  the  said  postal  card  meaning  and 
signifying  as  follows,  that  is  to  sa,y  —  [here  insert  writing  cor- 
rectly spelled,  etc.].  And  so  the  grand  jurors  aforesaid,  upon 

their  oath  aforesaid,  do  say,  that  the  said ,  on  the 

day  and  year  aforesaid,  within  the  city  and  district  aforesaid, 
in  manner  and  form  afore-  [Sec.  1,  Act  Sep.  26,  1888.] 
said,  did  knowingly  deposit  for  mailing,  and  cause  to  be  de- 
posited for  mailing,  a  postal  card  upon  which  were  written 
indecent  and  obscene  epithets,  terms  and  language ;  against, 
etc. 

No.  308  (2). 


unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, for  mailing  and  delivery  through  and  by  means  of 
the  post-office  establishment  of  the  said  United  States,  to  the 


188  FORMS    ADAPTED   TO   CRIMINAL    CASES. 

address  of  one  Sophia  Bray,  (by  the  name  of  Sophia  Breh^)  at 
Englewood,  Illinois,  a  certain  other  postal  card,  whereon  was 
then  and  there  written  as  follows,  in  tJie  German  language, 
to  wit'  [insert  writing].  Which  words  and  figures  so  written 
on  the  last-mentioned  postal  card,  in  the  German  language,  as 
aforesaid,  were  and  are  of  the  meaning  and  signification  fol- 
lowing, in  the  English  language,  that  is  to  say :  [set  out  trans- 
lation]. And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  on  the  day  and  year 

last  aforesaid,  within  the  said  city  and  district,  in  manner  and 
form  in  this  count  as  aforesaid,  did  knowingly  deposit,  and 
[Sec.  1,  Act  Sep.  26,  1888.]  cause  to  be  deposited,  for  mail- 
ing and  delivery,  a  postal  card  upon  which  were  written  in- 
decent and  obscene  epithets,  terms  and  language;  against,  etc. 


Indictment,  on  Sec.  1,  Act  Sep.  26,  1888,  (1  Supp.  B.  S., 
2d  Ed.,  621,)  for  mailing  a  postal  card  having  indecent, 
libelous  and  defamatory  epithets  and  terms,  intended 
to  reflect  upon  the  character  of  another,  written 
thereon. 

No.  309. 

—  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
[Sec.  1,  Act  Sep.  26,  1888.]     posited,  in  the  post-office  of  the 

said  United  States  there,  for  delivery  to  one — ,  of 

the  same  city,  a  certain  postal  card  on  which  were  then  writ- 
ten, in  the  Danish  tongue,  indecent,  libelous,  scurrilous  and 
defamatory  epithets,  terms  and  language,  obviously  intended 
to  reflect  injuriously  upon  the  character  and  conduct  of  an- 
other, to  wit,  of  the  person  to  whom  the  said  postal  card  was 
then  directed;  which  said  epithets,  terms  and  language,  so 
written  upon  the  said  postal  card,  are  so  indecent,  libelous, 
scurrilous  and  defamatory  that  the  same  would  be  offensive 
to  the  court  here,  and  improper  to  be  placed  upon  the  records 
thereof,1  wherefore  the  grand  jurors  aforesaid  do  not  set  forth 
the  same  in  this  indictment :  against,  etc. 


1 "  Whenever  it  would  create  extreme  inconvenience,  or  prejudice  good 
morals,  or  operate  otherwise  counter  to  the  general  policy  of  the  law,  as 
well  as  when  it  would  be  physically  impossible  to  introduce  into  the  indict- 


POSTAL   CRIMES.  189 

Indictment,  on  Sec.  3894,  R.  S.,  as  amended  (Sec.  1,  Act 
of  Sep.  19, 1890, 1  Supp.  R.  S.,  2d  Ed.,  803,)  for  mailing 
letters  and  circulars  concerning  a  lottery. 

No.  310  (1). 

unlawfully  did  knowingly  deposit  in  a  post-office  of 

the  said  United  States,  and  send  [§  3894,  R.  S.,  as  am.] 
through  the  same,  to  be  conveyed  and  delivered  by  mail,  a 
letter  and  circular  concerning  a  lottery,1  that  is  to  say,  a  cer- 
tain letter  and  circular  directed  to  one ,  at , , 

and  concerning  a  lottery  in  the  said  letter  and  circular  styled2 
"  Royal  Havana  Lottery;"  against,  etc. 

No.  311  (2). 

-  unlawfully  did  knowingly  deposit  in  the  post-office  of 
the  said  United  States  there,  and  send  through  the  same,  to 
be  conveyed  and  delivered  by  mail,  a  certain  envelope  then 

bearing  the  address  of  ,  which  said  envelope  then 

contained  a  circular  concerning  a  lottery,  that  is  to  say,  a 
certain  printed  circular  (of  too  great  length  to  be  here  set  out 
entire,  or,  of  too  great  length  to  be  here  set  forth  in  full,) 
bearing  on  one  page  thereof,  amongst  other  things,  the  words 
"  Royal  Havana  Lottery,  conducted  by  the  Spanish  Govern- 
ment, in  the  City  of  Havana,  under  the  Supervision  of  the 

ment  the  usual  allegation,  the  omission  of  the  allegation  is  excused  on  the 
ground  of  necessity.  But,  in  every  such  case,  the  necessity  must  be  appar- 
ent on  the  face  of  the  indictment ;  or,  if  it  is  not,  it  must  be  shown  by  a 
special  allegation."  1  Bish.  Cr.  Proc.  §  497. 

See,  also,  No.  285,  note  6. 

'The  words  " off ering prizes,"  in  the  statute,  qualify  the  words  "similar 
enterprise,"  and  not  the  word  "  lottery."  U.  S.  v.  Noelke,  1  F.  R.  426. 

2  An  indictment  for  sending  lottery  circulars  through  the  mails  need  not 
show  how  the  circulars  concern  a  lottery ;  but,  where  the  circulars  do  not 
show  on  their  face  that  they  relate  to  a  lottery,  the  indictment  should  aver 
the  existence  of  a  lottery,  or  an  intention  to  hold  a  lottery,  to  which  the 
circulars  refer.  U.  S.  v.  Bailey,  47  Id.  117;  U.  S.  v.  Noelke,  supra. 

As  to  necessity  of  setting  out  the  circular  in  full,  see  U.  S.  v.  Noelke,  supra; 
Bates  v,  U.  S.,  10  F.  R  92 ;  post,  No.  453,  note. 

That  the  lottery  need  not  be  described  in  detail,  see  U,  S>  v.  Conrad,  59 
F.  R.  458. 


190  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Captain  General  of  Cuba"  and  the  words  "Address  all  Orders 
to  W—  -  &  Co.,  Brokers,  125  -  -  St., , ,"  and  pur- 
porting to  give,  amongst  other  things,  the  days  whereon  cer- 
tain drawings  of  such  lottery  would  thereafter  take  place,  and 
the  price  of  tickets  and  list  of  prizes  in  such  drawings,  and 
the  plan  of  such  lottery;  and  which  said  envelope  also  then 
contained  a  letter  concerning  a  lottery,  being  a  certain  letter, 
partly  written  and  partly  printed,  as  follows,  to  wit:  [set  out 
the  letter'}.  And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  in  manner  and  form 

[§  3894,  R.  S.,  as  am.]  in  this  count  aforesaid,  did  know- 
ingly deposit  and  send,  to  be  conveyed  and  delivered  by  mail 
of  the  said  United  States,  a  letter  and  circular  concerning  a 
lottery ;  against,  etc. 

No.  312  (3). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 

[§  3894,  R.  S.,  as  am.]  posited,  in  the  post-office  of  the  said 
United  States  there,  and  send  and  cause  to  be  sent  through 
the  same,  to  be  conveyed  and  delivered  by  mail,  divers  letters 
and  circulars  concerning  a  lottery,  that  is  to  say,  ten  letters 
and  ten  circulars,  then  directed  respectively  to  divers  persons 
and  addresses  to  the  said  grand  jurors  as  yet  unknown,  and 
concerning  a  lottery  called  (or,  in  the  same  letters  and  circu- 
lars called)  the  Royal  Havana  Lottery,  against,  etc. 


Indictment,  on  Sec.  3894,  R.  S.,  (Sec.  1,  Act  of  Sep.  19, 
1890,  1  Supp.  R.  S.,  2d  Ed.,  803,)  for  mailing  letters 
and  circulars  concerning  a  lottery. 

No.  313  (1). 

a  certain  letter  and  circular  concerning  a  lottery,  to 

wit,  a  certain  letter  and  circular  l  directed  to  one ,  at 

— , ,  unlawfully  did  knowingly  deposit  and  send,  to  be 

[§  3894,  R.  S.,  as  am.]  conveyed  and  delivered  by  mail  of 
the  said  United  States ;  against,  etc. 

1  "Letter  and  circular"  not  necessarily  a  double  charge.     U.  S.  v.  Noelke, 
1  F.  R  420.    See,  also,  No,  6,  note  16. 


POSTAL   CRIMES.  191 

No.  314  (2). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  a  post-office  of  the  said  United  States,  and  send 
through  the  same,  to  be  conveyed  [§  3894,  R.  S.,  as  am.] 
and  delivered  by  mail,  a  certain  other  letter  and  circular  con- 
cerning a  lottery,  that  is  to  say,  a  letter  and  circular  then  and 

there  directed  to ,  at , ,  and  concerning  a 

lottery  to  be  drawn  (as  appeared  from  the  same  letter  and 
circular)  by  the  Louisiana,  State  Lottery  Company,  at  New 
Orleans,  on  Tuesday  the  fifteenth  day  of  January  then  next; 
against,  etc. 

No.  315  (3). 

-  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  and 
send  through  the  same,  to  be  con-  [§  3894,  B.  S.,  as  am.] 
veyed  and  delivered  by  mail,  a  certain  other  letter  and  circu- 
lar concerning  a  lottery,  that  is  to  say,  a  letter  and  circular 

then  and  there  bearing  the  address  of , , , 

and  concerning  a  lottery  in  the  same  letter  and  circular  styled 
"One  Hundred  and  Sixty-Fifth  Grand  Monthly  Drawing, 
Class  1B'  of  the  Louisiana  State  Lottery  Company;"  against, 
etc. 

No.  316  (4). 


—  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  and 
send  through  the  same,  to  be  conveyed  and  delivered  by  mail, 

a  certain  envelope  then  directed  to ,  at , , 

which  said  envelope  then  contained  a  circular  concerning  a 
lottery,  that  is  to  say,  a  certain  printed  circular  (of  too  great 
length  to  be  here  set  oat  entire)  entitled  "  Official  Drawing  of 
the  Louisiana  State  Lottery,  Single  Number  Class  1A.'  drawn  at 
New  Orleans,  La.,  on  Tuesday,  Jan.  15th,  1893?  and  purporting 
to  set  out  the  prizes  drawn  in  such  lottery,  and  the  numbers 
of  the  tickets  drawing  the  same;  and  which  said  envelope 
also  then  contained  another  circular  concerning  a  lottery,  that 
is  to  say,  a  certain  other  printed  circular  (of  too  great  length 
to  be  here  set  out  entire)  bearing  on  the  first  page  thereof 
(amongst  other  things)  the  words  and  figures  following,  to 


192  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

\vit,  "  One  Hundred  and  Sixty-Fifth  Grand  Monthly  Draw- 
ing, Class  '.Z?'  of  the  Louisiana  State  Lottery  Company,  will 
take  place  at  New  Orleans,  Tuesday,  February  12th,  1S93," 
and  the  words  and  figures  following,  to  wit,  "Address  —  B. 

F—    -  M ,   127 St.,  -   — ,"  and  purporting  to  give 

(amongst  other  things)  the  price  of  tickets  and  list  of  prizes  in 
such  drawing  last  mentioned.  And  so  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  say,  that  the  said  B.  F— 

[§  3894,  R.  S.,  as  am.]     M ,  in  manner  and  form  in  this 

count  aforesaid,  did  knowingly  deposit,  and  cause  to  be  de- 
posited, and  send,  to  be  conveyed  and  delivered  by  mail,  cir- 
culars concerning  lotteries ;  against,  etc. 

No.  317  (5). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  and 
send  through  the  same,  to  be  conveyed  and  delivered  by  mail, 
a  certain  sealed  envelope  then  directed  to  B.  F ,  at  -  — , 

— ,  in  which  envelope  were  then  enclosed  divers,  to  wit, 
five  printed  papers,  (of  too  great  length  to  be  here  set  out  en- 
tire,)1 called  tickets,  purporting  to  be  fifth-tickets  in  a  drawing 
or  lottery  to  be  drawn  by  the  Louisiana  State  Lottery  Com- 
pany, at  New- Orleans,  on  the  fifteenth  day  of  January  then  next, 
and  each  purporting  to  set  forth,  on  the  back  thereof,  (amongst 
other  things,)  a  list  of  prizes  in  such  drawing  or  lottery;  and 
in  which  same  envelope  was  also  then  enclosed  a  certain 
printed  paper,  (of  too  great  length  to  be  here  set  out  entire,) 
entitled  "Order  for  Tickets"  and  being  a  blank  form  of  order, 

addressed  "£.  F M ,  127  -  -  Street, , ,"  for 

tickets  in  such  drawing  or  lottery  last  mentioned.  And  so  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that 

the  said  B.  F M ,  in  manner  and  form  in  this  count 

aforesaid,  did  knowingly  deposit,  and  cause  to  be  deposited, 
[§  3894,  B.  S.,  as  am.]  and  send,  to  be  conveyed  and  de- 
livered by  mail,  a  letter  and  circular  concerning  a  lottery; 
against,  etc. 

1  See  No.  309,  note  1 ;  No.  310,  note  2.  . 


POSTAL   CRIMES.  193 


Indictment,  on  Sec.  3894,  R.  S.,  (Sec.  1,  Act  Sep.  19, 1890, 
1  Supp.  R.  S.,  2d  Ed.,  803,)  for  mailing  circulars  con- 
cerning lotteries  and  enterprises  similar  to  so-called 
gift-concerts. 

No.  318  (1> 

—  unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  a  post-office  of  the  said  [§  3894,  R.  S.,  as  am.] 
United  States,  and  send  through  the  same,  to  be  conveyed 
and  delivered  by  mail  of  the  said  United  States,  a  circular 
concerning  a  lottery,  that  is  to  say,  a  certain  circular  directed 

to  one  A M ,  at aforesaid,  and  entitled  "Fortuna  " 

Auihentisches  Central  Ziehungsblatt,  and  concerning  divers 
lotteries  therein  mentioned ;  against,  etc. 

No.  319  (2). 

unlawfully  did  knowingly  deposit,  and  cause  to  be 

deposited,  in  a  post-office,  and  send  [§  3894,  R.  S.,  as  am.] 
through  the  same,  to  be  conveyed  and  delivered  by  mail  of 
the  said  United  States,  a  circular  concerning  an  enterprise 
similar  to  so-called  gift-concerts,  offering  prizes  dependent 
upon  lot  and  chance,  that  is  to  say,  a  certain  circular  directed 

to  one  A M ,  at aforesaid,  and  entitled  "Fortuna  " 

Auihentisches  Central  Ziehungsblatt,  and  concerning  divers- 
enterprises  of  that  character  in  the  same  circular  mentioned ; 
against,  etc. 

No.  320  (3). 

unlawfully  did  knowingly  deposit,  and  cause  to  be 

deposited,  in  a  post-office,  and  send  through  the  same,  to  be 
conveyed  and  delivered  by  mail  of  [§  3894,  R.  S.,  as  am.] 
the  said  United  States,  a  certain  other  circular  concerning 

lotteries,  to  wit,  a  certain  circular  directed  to  one  A 

M ,  and  concerning  divers  lotteries  therein  styled  respect- 
ively "100  Lire  Stadt  Barletta  Bonds  v.  Mre  1870,"  "Oesterr.. 
Roih-Kreuz  Bonds"  and  "Ungar.  Praemien  Losev.  J.  1870;" 
against,  etc. 
13 


194  FORMS   ADAPTED   TO  CRIMINAL   CASES. 

No.  321  (4). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  a  post-office  of  the  said  United  States  there,  and 
[§  3894,  R.  S.,  as  am.]  send  through  the  same,  to  be  con- 
veyed and  delivered  by  mail,  a  certain  other  circular  con- 
cerning lotteries,  to  wit,  a  certain  circular  directed  to  one 

J L ,  at  aforesaid,  and  entitled  "  Fortuna  "  Au~ 

thentisches  Ziehungsllatt,  and  concerning  divers  lotteries  in 
the  same  circular  mentioned;  against,  etc. 

No.  322  (5). 

unlawfully  did  knowingly  deposit,  and  cause  to  be  de- 
posited, in  the  post-office  of  the  said  United  States  there,  and 
[§  3894,  R.  S.,  as  am.]  send  through  the  same,  to  be  con- 
veyed and  delivered  by  mail,  a  certain  other  circular  concern- 
ing enterprises  similar  to  a  so-called  gift-concert,  offering 
prizes  dependent  upon  lot  and  chance,  that  is  to  say,  a  certain 
circular  then  and  there  bearing  the  address  of  Mr.  J— 
L ,  2163  Ave.,  City,  and  concerning  divers  enter- 
prises of  that  character,  in  the  same  circular  styled  respect- 
ively "  Wiener  Communal  Lose  v.  J.  1874"  "  Rudolfs-Lose" 
and  "  Herzoglich  Braunschweig* ache-Lose;  "  against,  etc. 


Indictment,  on  Sec.  3894,  R.  S.,  (Sec.  1,  Act  Sep.  19, 1890, 
1  Snpp.  R.  S.,  2d  Ed.,  803,)  for  causing  a  circular  con- 
cerning an  enterprise  similar  to  a  gift-concert  to  be 
delivered  by  mail. 

No.  323. 

-  present,  that  E H.  H ,  on  the day  of  -  — , 

in  the  year  of  our  Lord  eighteen  hundred  and ,  at  the 

city  of  New  York,  in  the  Southern  District  of  New  York, 
unlawfully  did  knowingly  deposit,  and  cause  to  be  deposited, 
in  the  post-office  of  the  said  United  States  in  that  city,  and 
send  through  the  same,  to  be  conveyed  and  delivered  by  mail 
of  the  said  United  States,  a  circular  concerning  an  enterprise 
similar  to  a  so-called  gift-concert,  and  offering  prizes  depend- 
ent upon  lot  and  chance,  that  is  to  say,  a  certain  circular  di- 


POSTAL   CRIMES.  195 

rected  to  one  N S ,  at  and  in  the  said  Northern  Dis- 
trict of  Illinois,  by  and  under  the  name,  direction  and  address 

following,  to  wit,  Mrs.  N S- — ,  2713  Wentworth  Av., 

Chicago,  111.,  and  concerning  an  enterprise  of  that  character  in 

the  same  circular  styled ;  (or,  and  concerning  an  enterprise 

offering  prizes  dependent  upon  lot  and  chance  in  and  under 

the  name  of  ;)  and  that  the  said  circular,  so  bearing  the 

said  direction  and  address  thereon,  was  thereupon,  to  wit,  on 
the  day  and  year  aforesaid,  conveyed  by  mail  of  the  said 
United  States  from  the  said  city  of  New  York,  in  the  said 
Southern  District  of  New  York,  to  the  said  Northern  Dis- 
trict of  Illinois,  and  afterwards,  to  wit,  on  the  day  of 

— ,  in  the  year  of  our  Lord  eighteen  hundred  and ,  de- 
livered by  mail  through  the  post-office  of  the  said  United 
States  at  Chicago  aforesaid,  according  to  the  said  direction 
thereon,  to  the  person  to  whom  the  same  was  so  addressed. 
And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do 

say,  that  the  said  E H.  II ,  on  the  said day  of , 

in  the  year  of  our  Lord  eighteen  hundred  and  -  — ,  at  Chicago 
aforesaid,  in  the  said  Northern  District  of  Illinois,  in  manner 
and  form  aforesaid,  unlawfully  did  knowingly  cause  to  be  de- 
livered1 by  mail  of  the  said  United  [§  3894,  R.  S.,  as  am.] 
States,  at  and  in  the  district  last  aforesaid,  a  circular  concerning 
an  enterprise  similar  to  a  so-called  gift-concert,  offering  prizes 
dependent  upon  lot  and  chance;  against,  etc. 

Indictment,  on  Sec.  5463,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed., 
518, 593,)  for  forging  postal  money-orders ;  with  a  count 
on  Sec.  5421,  R.  S.,  for  forging  an  order  for  the  pur- 
pose of  obtaining  a  sum  of  money  from  a  postmaster; 
and  with  a  count  on  Sec.  5475,  R.  S.,  for  stealing  prop- 
erty belonging  to  the  Post-Office  Department. 

No.  324  (1). 

—  with  intent  to  defraud  a  certain  person,  whose  name 
is  to  the  said  grand  jurors  unknown,  then  postmaster  for  the 
post-office  of  the  said  United  States  at  Baltimore,^  the  state 

i  See  U.  S.  v.  Homer,  44  F.  R  677 ;  Homer  v.  U.  &,  143  U.  &  207,  213 ; 
U.  &  v.  Conrad,  39  F.  R  458. 


196  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

[§  5463,  R.  S.,  as  am.]  of  Maryland,  feloniously  did  falsely 
make  and  forge  a  certain  order  purporting  to  be  a  money- 
order  issued  by  and  under  the  direction  and  authority  of  the 
Post-Office  Department  of  the  said  United  States,  that  is  to 
say,  a  certain  money-order  purporting  to  be  a  fconey-order 
issued  by  the  postmaster  for  the  post-office  of  the  said  United 

States  at aforesaid ;  the  tenor  of  which  said  falsely  made 

and  forged  order  is  as  follows,  that  is  to  say : :  Against,  etc. 

No.  325  (2). 

with  intent  to  defraud  the  said  United  States,  [ — or, 

one  (payee),]  feloniously  did  falsely  make  and  forge  a  cer- 
[§  5463,  R.  S.,  as  am.]  tain  other  order  purporting  to  be  a 
money-order  issued  by  a  postmaster  of  the  Post-Office  De- 
partment of  the  said  United  States,  to  wit,  the  postmaster  for 

the  post-office  of  the  said  United  States  at aforesaid ;  the 

tenor  of  which  falsely  made  and  forged  order  last  aforesaid 
is  as  follows,  that  is  to  say:  :  Against,  etc. 

No.  326  (3). 

feloniously  did  falsely  make  and  forge  a  certain  other 

[§  5421,  R.  S.]  order,  for  the  purpose  of  obtaining  and  re- 
ceiving from  an  officer  of  the  said  United  States,  to  wit,  the 
then  postmaster  for  the  post-office  of  the  said  United  States 

at ,  in  the  state  of ,  (whose  name  is  to  the  said  grand 

jurors  unknown,)  a  certain  sum  of  money,  to  wit,  the  sum 

of ;  the  tenor  of  which  falsely  made  and  forged  order 

last  aforesaid  is  as  follows,  that  is  to  say :  [set  out  the  face  of 
the  money-order] :  Against,  etc. 

No.  327  (4). 

thirty-one  printed  paper  blanks  for  money-orders,  each 

of  the  value  of  one  cent,  and  thirty-one  printed  paper  blanks 
for  letters  of  advice,  each  of  the  value  of  one  cent,  of  the  prop- 
erty belonging  to  the  Post-Office  Department  of  the  said 
[§  5475,  R.  S.]  United  States  then  and  there  being,  feloni- 
ously did  steal,  purloin  and  embezzle;  against,  etc. 


POSTAL   CRIMES.  197 


Indictment,  on  Sec.  5463,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  518, 
593,)  for  forging  a  material  indorsement  on  a  postal 
money-order;  and  for  uttering  and  passing  the  same 
money-order  with  such  forged  indorsement  thereon. 

No.  328  (1). 

had  in  — h —  possession  a  certain  money-order  emitted 

by  a  postmaster  of  [or,  issued  by]  the  Post-Office  Department 
of  the  said  United  States,  for  the  payment  of  money  to  one 
Albert  H.  Thompson,  and  of  the  tenor  following,  to  wit :  [set 
out  all  of  the  matter  on  the  face  of  the  money-order,  excepting 
the  stamp  of  the  paying  office  and  the  signature  of  the  payee 
to  the  receipt,  on  one  side  of  a  sheet  of  paper,  and  on  the  other 
side  of  the  sheet  set  out  all  the  matter  on  the  lack  of  the  money- 
order,  excepting  the  signature  of  the  payee  to  the  indorsement]  : 

And  that  the  said ,  so  having  in  — h —  possession 

the  money-order  last  aforesaid,  then  and  there,  to  wit,  on  the 

day  and  year  first  aforesaid,  at aforesaid,  in  the  district 

aforesaid,  with  intent  to  defraud  the  [§  5463,  R.  S.,  as  am.] 
said  Albert  H.  Thompson,  feloniously  did  falsely  make  and 
forge  a  certain  material  indorsement  and  signature  on  the 
said  money-order,  by  falsely  making  and  forging  upon  the 
back  of  the  same,  in  the  place  indicated  for  the  signature  of 
the  payee  thereof,  a  cartain  signature  of  the  tenor  following, 
to  wit,  "A.  H.  Thompson' "  against,  etc. 

No.  329  (2). 

had  in  — h —  possession  a  certain  postal  money-order 

issued  by  and  under  the  direction  and  authority  of  the  Post- 
Office  Department  of  the  said  United  States,  that  is  to  say,  a 
certain  money-order  drawn  by  the  postmaster  of  the  said 
United  States  at  Springfield,  in  the  state  of  Missouri,  upon 

the  postmaster  of  the  said  United  States  at  aforesaid, 

for  the  payment  of  the  sum  of to  one  Albert  H.  Thomp- 
son, and  bearing  date  of  the day  of  ,  in  the  same 

year  eighteen  hundred  and ;  on  the  back  of  which  money- 
order  last  aforesaid,  at  the  time  and  place  when  and  where 

the  said so  had  the  same  in  — h —  possession  as: 

aforesaid,  were  the  printed   words  "Pay  to^  .     .     .     the 


198  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

amount  of  the  within  order,"  and  next  the  false  and  forged 
signature  "A.  II.  Thompson"  in  writing,  and  next  the  printed 
word  "Payee,"  together  forming  a  false  and  forged  material 
indorsement  and  signature,  of  the  tenor  following,  to  wit, 
"Pav  to  the  amount  of  the  within  order. —  A.  II. 

«/ 

TJiompson,  Payee:"  And  that  the  said ,  so  having 

in  — h —  possession  the  last-mentioned  money-order,  with  the 
said  false  and  forged  indorsement  and  signature  thereon  as 
aforesaid,  then  and  there,  with  intent  to  defraud  one1  Charles 
K.  Wyman,  feloniously  did  utter  and  pass  the  same  money- 
[§  5463,  B.  S.,  as  am.]  order,  with  the  said  false  and  forged 
indorsement  and  signature  thereon  as  aforesaid,  as  and  for  a 
money-order  bearing  the  true  and  genuine  indorsement  and 
signature  of  the  payee  thereof;  — h —  the  said  -  -  then 

and  there  well  knowing  the  same  false  and  forged  indorse- 
ment and  signature  to  bo  false  and  forged ;  against,  etc. 


Indictment,  on  Sec.  5463,  R.  8.,  (1  Supp.  R.  S.,  2d  Ed.,  518, 
593,)  for  forging  a  material  signature  to  a  receipt  on  a 
postal  money-order;  and  for  uttering  and  attempting 
to  pass  and  passing  the  same  money-order  with  such 
forged  signature  thereon. 

No.  330  (1). 

-  did  have  in  — h —  possession  a  certain  money-order 
issued  by  the  Post-Office  Department  of  the  said  United  States, 
of  the  tenor  following,  that  is  to  say —  [set  out  the  face  of  the 
money-order^  omitting  the  stamp  of  the  paying  office  and  the  sig- 
nature to  the  receipt] :  And  that  the  said then  and 

there,  to  wit,  on  the  said day  of ,  in  the  same  year 

eighteen  hundred  and ,  at aforesaid,  in  the  district 

O  7.7 

aforesaid,  feloniously  and  falsely  did  forge  on  the  said  money- 
order,  at  the  foot  thereof,  immediately  under  the  words  "Re- 
ceived the  above,"  a  certain  material  signature,  to  wit,  the 
signature  of  one  Charles  E.  Mutzig,  to  whom  the  said  money- 
order  was  then  and  there  payable;  which  said  forged  signa- 
ture is  as  follows,  that  is  to  say,  '•'•Charles  E.  Mutzig;  "  —  li- 
the said thereby  intending  then  and  there  to  defraud 

the  said  Charles  E.  Mutzig.     And  so  the  grand  jurors  afore- 


i  See  No.  231,  note  1. 


POSTAL   CRIMES.  199 

said,  upon  their  oath  aforesaid,  do  say,  that  the  said , 

in  manner  and  form  aforesaid,  feloni-  [§  5463,  R.  S.,  as  am.] 
ously  and  with  intent  to  defraud,  did  falsely  forge  a  material 
signature  upon  and  to  a  receipt  on  a  money -order  issued  by 
the  Post-Office  Department  of  the  said  United  States;  against, 
etc.1 

No.  331  (2). 

had  in  — h —  possession  a  certain  postal  money-order 

drawn  by  the  postmaster  of  the  said  United  States  at ,  in 

the  state  of ,  upon  the  postmaster  of  the  said  United 

States  at aforesaid,  for  the  payment  of  the  sum  of  • 

to  one  Charles  E.  Mutzig,  and  bearing  date  of  the day 

of ,  in  the  same  year  eighteen  hundred  and ;  on 

which  money-order  last  mentioned,  at  the  time  when  the  said 
so  had  the  same  in  — h —  possession  as  aforesaid,  at 

-  aforesaid,  in  the  district  aforesaid,  was  written  a  certain 
false  and  forged  material  signature,  as  follows,  to  wit, "  Charles 
E.  Mutzig"  in  the  proper  place  for  the  signature  of  the  per- 
son who  should  receive  payment  of  the  same  money -order, 
and  next  below  the  words  "  Received  the  above,"  thereon 
printed :  And  that  the  said ,  so  having  in  — h —  pos- 
session the  last-mentioned  money  order,  with  the  said  false 
and  forged  signature  thereon  written  as  aforesaid,  then  and 
there,  with  intent  to  defraud  one  Sherman  P.  Stiles,  feloni- 
ously did  utter 2  and  attempt  to  pass  the  same  money-order, 
with  the  said  false  and  forged  signa-  [§  5463,  B.  S.,  as  am.] 
ture  thereon  written,  as  and  for  a  money-order  bearing  the 
true  and  genuine  receipt  and  signature  of  the  person  entitled 

to  receive  payment  thereof;  — h —  the  said then 

and  there  well  knowing  the  same  false  and  forged  signature 
to  be  false  and  forged ;  against,  etc. 

No.  332  (3). 

did  have  in  — h —  possession  a  certain  other  money- 
order  issued  by  and  under  the  direction  of  the  Post-Office  De- 
partment of  the  said  United  States,  of  the  tenor  following,  that 

1  For  another  form  of  count  for  forging  signature  to  a  receipt,  see  No.  403. 

2  See  No.  231,  note  2. 


200  FORMS    ADAPTED    TO    CRIMINAL   CARES. 

is  to  say —  [set  out  the  money-order  as  before']  ;  on  which  money- 
order  last  aforesaid,  at  the  foot  thereof,  immediately  under 
the  words  "  Received  the  above,"  was  then  written  a  certain 
false  and  forged  material  signature,  to  wit,  the  false  and  forged 
signature  of  one  Charles  E.  Mutzig,  to  whom  the  last-men- 
tioned money-order  was  then  and  there  payable,  to  wit,  on 

the  said  -    -  day  of ,  in  the  same  year  eighteen  hundred 

and  -  — ,  at  —  -  aforesaid,  in  the  district  aforesaid;  which 
false  and  forged  signature  last  aforesaid  is  as  follows,  that  is 
to  say,  "  Charles  E.  Mutzig;  "  and  that  the  said  -  -  then 

and  there,  well  knowing  the  last-mentioned  false  and  forged 
signature  to  be  false  and  forged  as  aforesaid,  feloniously  did 
[§  5463,  R.  8.,  as  am.]  utter  and  pass  as  true  the  money- 
order  last  aforesaid,  so  bearing  the  last-mentioned  false  and 
forged  signature  as  aforesaid,  with  intent  then  and  there  to 
defraud  the  said  Charles  E.  Mutzig;  against,  etc. 

Indictment,  on  Sec.  5463,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  518, 
593,)  for  forging  a  signature  to  a  receipt  on  a  postal 
money-order,  and  for  passing  the  same  order  with  such 
forged  signature  thereon ;  with  counts  on  Sec.  5421, 
R.  S.,  for  forging  a  receipt  to  obtain  a  sum  of  money 
from  a  postmaster,  and  for  uttering  and  publishing 
such  forged  receipt ;  and  with  a  count  on  Sec.  5438, 
R.  S.,  for  presenting  a  false  claim  to  a  postmaster. 

No.  333  (1). 

— —  did  have  in  — h—  possession  a  certain  money-order,  is- 
sued by  the  Post-Office  Department  of  the  said  United  States, 
and  of  the  tenor  following,  that  is  to  say:  [set  out  the  face  of 
the  money-order,  omitting  the  stamp  of  the  paying  office  and  the 
signature  of  the  payee'] :  And  that  the  said  -  — ,  so  having 

in  — h —  possession  the  said  money -order,  then  and  there,  to 

wit,  on  the  said day  of  -  — ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  at  -    -  aforesaid,  in  the  district 

aforesaid,  with  intent  to  defraud  one  George  Hermann,  felon i- 
[§  5463,  R.  S.,  as  am.]  ously  did  falsely  forge  and  counter- 
feit a  certain  material  signature  upon  and  to  a  certain  receipt 
thereon,  b^  falsely  making  and  forging  upon  the  same  money- 


POSTAL   CRIMES.  201 

order,  at  the  foot  thereof,  immediately  under  the  words  "Re- 
ceived the  above,"  a  certain  signature  purporting  to  be  the 
signature  of  the  same  George  Hermann,  to  whom  the  said 
money-order  was  then  and  there  payable ;  which  said  falsely 
forged  and  counterfeited  material  signature  is  as  follows,  to 
wit,  "George  Herman:  "  Against,  etc. 

No.  334  (2). 

did  have  in  — h —  possession  a  certain  other  money- 
order,  issued  by  and  under  the  direction  of  the  Post-Office 
Department  of  the  said  United  States,  that  is  to  say,  a  certain 
money-order  issued  by  the  postmaster  of  the  said  United 

States  at  the  city  of  ,  in  the  state  of  ,  and  of  the 

tenor  here  following,  that  is  to  say :  [set  it  out] ;  On  which 
last-mentioned  money-order  then  and  there,  to  wit,  at  the 
time  when  the  said so  had  the  same  in  — h —  pos- 
session, in  the  said  city  of and  the  district  aforesaid,  was 

written  a  certain  false  and  forged  material  signature  upon 
and  to  a  certain  receipt  thereon,  to  wit,  a  certain  false  and 
forged  signature  (immediately  below  the  words  "  Received 
the  above,"  at  the  foot  of  the  same  money-order,)  purporting 
to  be  the  signature  of  one  George  Hermann,  to  whom  the  last- 
mentioned  money-order  was  then  and  there  payable;  the 
tenor  of  which  false  and  forged  signature  last  aforesaid  is  as 
follows,  that  is  to  say,  "  George  Herman: "  And  that  the  said 
—  then  and  there,  with  intent  to  defraud  the  same l 
George  Hermann,  feloniously  did  [§  5463;  R.  S.,  as  am.] 
utter  and  pass  as  true  the  money-order  last  aforesaid,  so  then 
and  there  bearing  the  false  and  forged  signature  last  aforesaid ; 

— h —  the  said then  and  there  well  knowing  the 

same  false  and  forged  signature  to  be  false  and  forged : 
Against,  etc. 

No.  335  (3). 

did  have  in  — h —  possession  a  certain  other  order,  the 

same  then  and  there  being  a  money-order  drawn  by  the  post- 
office  of  the  said  United  States  at  the  city  of ,  in  the  state 

of ,  upon  the  post-office  of  the  said  United  States  at  — 

aforesaid,  by  virtue  whereof  one  George  Hermann,  upon  pre- 

i  See  Bish.  Direc.  &  F.,  §§  457,  460. 


202  FORMS    ADAPTED   TO   CRIMINAL   OASES. 

senting  the  money-order  last  aforesaid  at  the  last-mentioned 
post-office,  and  signing  the  blank  receipt  at  the  foot  of  the 
same  money-order,  would  be  entitled  to  receive  from  the 
postmaster  of  the  said  United  States  at  that  post-office  the 

sum  of  dollars;  the  tenor  of   which  money-order  last 

aforesaid  was  then  as  follows,  to  wit:  And  that  the 

said  -  -  then  and  there,  to  wit,  on  the  said  -    -  day 

of ,  in  the  year  of  our  Lord  eighteen  hundred  and  -  — , 

at  the  said  city  of and  in  the  district  aforesaid,  so  having 

in  — h —  possession  the  money-order  last  aforesaid,  for  tlio 
purpose  of  obtaining  and  receiving  from  the  said  postmaster 

of  the  said  United  States  at aforesaid  the  sum  of  money 

in  the  same  money-order  mentioned  and  thereby  payable, 
feloniously  did  falsely  make  and  forge  a  certain  receipt  upon 
the  same  money-order,  by  falsely  making  and  forging  thereon, 
next  below  the  words  "  Received  the  above,"  at  the  foot  of 
the  same  money-order,  a  certain  signature  purporting  to  be 
the  signature  of  the  same  George  Hermann,  to  whom  the 
amount  of  the  last-mentioned  money-order  was  so  payable  as 
aforesaid;  the  tenor  of  which  said  falsely  made  and  forged 
receipt  is  as  follows,  to  wit,  "  Received  the  above.  George 
Herman."  And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said ,  at  the  time 

and  place  and  in  manner  and  form  in  this  count  aforesaid, 
feloniously  did  falsely  make  and  forge  a  receipt,  for  the  pur- 
[§  5421,  R.  S.j  pose  of  obtaining  and  receiving  from  an 
officer  of  the  said  United  States  a  sura  of  money ;  against,  etc. 

No.  336  (4). 

-  had  in  — h —  possession  a  certain  order  in  writing, 
called  a  post-office  money-order,  as  follows,  that  is  to  say  — 
— ,  the  same  being  then  and  there,  to  wit,  at  the  time  and 


place  when  and  where  the  said so  had  the  same  in 

possession  as  aforesaid,  an  order  properly  payable  to  one 
George  Hermann,  the  person  named  in  the  letter  of  advice 
therein  mentioned ;  on  which  order  last  aforesaid  was  then 
and  there  written,  immediately  under  the  words  "Received 
the  above,"  at  the  foot  thereof,  a  certain  false  and  forged  sig- 
nature, purporting  to  be  the  signature  of  the  said  George  Her- 


POSTAL   CRIMES.  203 

mann,  and  forming  with  those  words  of  acquittance  a  false 
and  forged  receipt,  of  the  tenor  following,  to  wit,  "  Received 

the  above.     George  Hermann"     And  that  the  said , 

so  having  in  — h —  possession  the  order  last  aforesaid,  and  the 
said  false  and  forged  receipt  thereon  written  as  aforesaid,  on 

the  said day  of ,  in  the  year  of  our  Lord  eighteen 

hundred  and ,  at aforesaid,  in  the  district  aforesaid, 

with  intent  to  defraud  the  said  United  States,1  feloniously  did 
utter  and  publish  as  [§  5463,  R.  8.,  as  am.;  §  5421,  R.  S.] 
true,  and  cause  to  be  uttered  and  published  as  true,  the  false 

and  forged  receipt  aforesaid ;  — h —  the  said then 

and  there  well  knowing  the  same  to  be  false  and  forged; 
against,  etc. 

No.  337  (5). 

unlawfully  did  make  and  present  to  one  "W S. 

McM ,  then  and  there  being  an  officer  in     [§  5438,  R.  S.] 

the  civil  service  of  the  said  United  States,  to  wit,  assistant 
postmaster  and  acting  postmaster  of  the  said  United  States  at 
-  aforesaid,  for  payment  by  him  as  such  acting  postmaster, 
a  certain  claim  upon  and  against  the  Post-Office  Department 
of  the  said  United  States,  that  is  to  say,  a  claim  for  the 
amount  of  a  certain  money-order  drawn  by  the  postmaster  of 

the  said  United  States  at ,  in  the  state  of ,  upon  the 

postmaster  of  the  said  United  States  at aforesaid,  for 

the  sum  of dollars,  and  dated  the day  of ,  in 

the  same  year  eighteen  hundred  and ,  and  payable  to 

one   George  Hermann;  which  said  claim,  at  the  time  when 

the  same  was  so  made  and  presented  as  aforesaid,  at  • ,  in 

the  district  aforesaid,  was  false,  fictitious  and  fraudulent,  in 

this,  that  the  said then  and  there,  for  the  purpose  of 

obtaining  payment  to  himself  of  the  amount  of  the  money- 
order  last  aforesaid,  falsely  and  fraudulently  did  pretend  and 
hold  himself  out  then  and  there  to  be  George  Hermann,  and 
to  be  the  person  to  whom  the  same  money-order  was  payable, 
and  as  such  person  to  be  entitled  to  claim  and  receive  pay- 
ment of  the  amount  of  the  same  money-order;  whereas  in 

truth  and  in  fact  the  said was  not  then  and  there 

George  Hermann,  and  was  not  then  and  there  the  person  to 
whom  the  money-order  last  aforesaid  was  payable,  and  was 

i  See  Bish.  Direc,  &  F.,  §§  457,  460. 


204:  FOEMS    ADAPTED   TO   CRIMINAL   CASES. 

not  then  and  there  in  any  manner  entitled  or  authorized  to 
cluim  or  receive  payment  of  the  amount  of  the  same  money- 
order;  he  the  said ,  at  the  time  of  so  making  and 

presenting  the  said  claim  as  aforesaid,  there  well  knowing 
the  same  to  be  false,  fictitious  and  fraudulent  as  aforesaid : 
Against,  etc. 

Indictment,  on  Sec.  5463,  R.  S.,  (1  Supp.  B.  8.,  2d  Ed., 
518,  693,)  for  altering  a  post-office  money-order. 

No.  338. 

had  in  — h —  possession  a  certain  money-order  issued 

by  and  under  the  direction  of  the  Post-Office  Department  of 
the  said  United  States,  and  of  the  tenor  following,  to  wit: 

— .     And  that  the  said ,  so  having  in  — h —  pos- 
session the  said  money-order,  on  the  said day  of  -    — , 

in  the  year  of  our  Lord  eighteen  hundred  and ,  at  — 

aforesaid,  in  the  district  aforesaid,  with  intent  to  defraud  the 
[§  5463,  B.  S.,  as  am.]  said  United  States  and  one1  Lizzie 
Dujfin,  feloniously  did  falsely  alter  the  said  money-order,  by 
falsely  writing  and  forging  the  figure  "<?"  next  before  the 
figure  "./,"  and  next  below  the  word  "  Dollars,"  in  the  said 
money-order,  near  the  upper  right-hand  corner  thereof,  and 
by  falsely  writing  and  forging  the  word  "  Thirty"  next  be- 
fore the  word  "one"  in  the  body  of  the  said  money-order, 
(so  as  to  make  the  same  appear  and  purport  to  be  a  money- 
order  for  the  payment  of  thirty-one  dollars,  instead  of  one 
dollar;)  against,  etc. 


Indictment,  on  Sec.  5463,  B.  S.,  (1  Supp.  B.  S.,  2d  Ed.,  518, 
693,)  for  altering  a  money-order ;  and  for  passing  a 
forged  and  altered  money-order. 

No.  339  (1). 

did  have  in  — h —  possession  a  certain  money-order 

issued  by  the  Post-Office  Department  of  the  said  United 
States,  of  the  tenor  following,  that  is  to  say  —  [set  out  the  face 
of  the  order,  omitting  the  stamp  of  the  paying  office  and  the  sig- 


i  See  Bish.  Direc.  &  F.,  §§  457,  460. 


POSTAL   CRIMES.  205 

nature  to  the  receipt] ;  and  that  the  said ,  so  having  in 

— h —  possession  the  said  money-order,  then  and  there,  to  wit, 
on  the  day  and  year  aforesaid,  at aforesaid,  in  the  dis- 
trict aforesaid,  with  intent  to  defraud  the  said  United  States, 
feloniously  did  falsely  alter,  and  cause  to  be  [§  5463,  R.  S.] 
falsely  altered,  and  willingly  aid  in  falsely  altering,  the  said 
money-order,  by  falsely  erasing  the  figure  #,  immediately 
under  the  abbreviated  word  Dolls.,  in  the  upper  left-hand 
corner  of  the  said  money-order,  and  writing  and  forging  in 
place  of  the  said  figured  the  figure  10,  and  by  falsely  altering 
the  word  Two,  between  the  word  of  and  the  word  Dollars,  in 
the  body  of  said  money-order,  to  the  word  Ten,  so  as  to  make 
the  said  money-order  appear  and  purport  to  be  a  money-order 
for  the  payment  of  the  sum  of  ten  dollars,  instead  of  the  sum 
of  two  dollars :  Against,  etc. 

No.  340  (2). 

with  intent  to  defraud  the  said  United  States,  felo- 
niously did  utter  and  publish  as  true,  and  attempt  to  pass  as 
true,  a  certain  forged  and  altered  money-order,  purporting  to 
be  a  money-order  issued  by  a  post-  [§  5463,  R.  8.,  as  am.] 
master  of  the  Post-Office  Department  of  the  said  United 

States,  to  wit,  the  postmaster  at ,  in  the  state  of ; 

the  tenor  of  which  forged  and  altered  money-order  is  as  fol- 
lows, that  is  to  say ;  — h —  the  said ,  at  the 

time  of  so  uttering,  publishing  and  attempting  to  pass  the 
same  forged  and  altered  money-order,  there  well  knowing  the 
same  to  be  forged  and  altered:  Against,  etc. 


Complaint,  on  Sec.  5463,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  518, 
593,)  for  forging  material  signatures  on  money-orders, 
and  for  passing  the  same  money-orders. 

No.  341. 

having  in  — h —  possession  two  certain  money-orders 

issued  by  the  postmaster  of  the  post-office  of  the  said  United 
States  at  the  city  of  New-  York,  in  the  state  of  New  York,  for 
the  sums  respectively  offfty  dollars  told  fifteen  and  88-100  dot- 


206  FORMS    ADAPTED   TO   CRIMINAL   CASES. 


j  and  bearing  date  of  the  -  day  of  -  ,  in  the  same  year, 
and  payable  by  the  postmaster  of  the  said  United  States  at 
-  aforesaid,  in  the  district  aforesaid,  feloniously  did  forge 
and  counterfeit  a  material  signature  on  each  of  the  said  money- 
orders,  to  wit,  the  signature  of  one  George  Hermann,  to  whom. 
[§  5463^  R.  S.,  as  am.]  the  same  were  then  and  there  pay- 
able ;  and  that  thereupon  the  said  --  ,  with  intent  to 
defraud  the  said  George  Hermann,  then  and  there  feloniously 
divl  utter  and  pass  the  said  money-orders,  so  then  and  there 
[§  5463,  R.  S.,  as  am.]  bearing  the  said  forged  and  counter- 
feited material  signatures  as  aforesaid;  contrary,  etc. 


Complaint,  on  Sec.  5463,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  518, 
593,)  for  altering  a  postal  money-order. 

No.  342. 

says  that  — h —  has  good  cause  to  believe,  and  does 

verily  believe,  that  J L.  H ,  late  of  M ,  in  the  said 

district,  heretofore,  to  wit,  on  or  about  the  -  -  day  of , 

A.  D.  189-,  at  O ,  in  the  district  aforesaid,  having  in  h— 

hands  a  certain  postal  money-order,  drawn  by  the  postmaster 
of  the  said  United  States  at  M aforesaid  on  the  post- 
master of  the  said  United  States  at  O aforesaid,  for  the 

sum  of  two  dollars,  and  bearing  date  of  the  said day  of 

— ,  A.  D.  189-,  unlawfully  did  alter  the  said  money-order, 
[§  5463,  R.  S.,  as  am.]  with  intent  to  defraud  the  said 
United  States,  by  changing  the  figure  2  and  the  word  two 
therein  respectively  to  the  figures  10  and  the  word  ten  re- 
spectively, and  thereby  making  the  said  money-order  to  ap- 
pear and  purport  to  be  a  money-order  for  the  payment  of  ten 
dollars,  instead  of  two  dollars;  contrary,  etc. 


POSTAL   CRIMES.  207 

Indictment,  on  Sec.  5467,  R.  S.,1  against  a  clerk  in  a  post- 
office,  for  embezzling  letters  containing  articles  of 
yalue;  and  for  stealing  money  out  of  letters  intrusted 
to  him. 

No.  343  (1). 

being  then  and  there  employed2  as  a  clerk  in  and  for 

the  post-office  of  the  said  United  States  at ,  feloniously 

did  secrete,  embezzle  and 3  destroy  divers  let-  [§  5467,  R.  S.] 
ters  and  packets,  to  wit,  jive  letters  and  jive  packets,  which 
then  and  there  were  intrusted  to  him,  and  were  intended  to 
be  conveyed  by  mail,  and  contained  respectively  articles  of 
value;  against,  etc. 

No.  344  (2).1 

was  a  person  employed  in  a  department  of  the  postal 

service  of  the  said  United  States,  to  wit,  a  clerk  in  and  for  the 
post-office  of  the  said  United  States  there ;  and  that  a  certain 
letter,  then  directed,  and  intended  to  be  conveyed  by  mail,2 

to  one  S S at  Kenosha,  Wisconsin,  had  then  come 

into  the  possession3  of  the  said ,  so  then  being  em- 
ployed as  aforesaid,  to  wit,  at  aforesaid,  in  the  dis- 
trict aforesaid,  which  said  letter  then  and  there  contained 
divers  bank-notes  and  United-States  notes,*  amounting  together 
to  the  sum  of  twenty  dollars,  and  of  the  value5  of  twenty  dol- 
lars, of  the  property  and  moneys  of  the  said  S S ;6 

1  As  to  Sec.  5467,  R  S.,  generally,  see  U.  S.  v.  Lacher,  134  U.  S.  624;  U.  S. 
v.  Wight,  38  F.  R  106. 

2  As  to  what  persons  shall  be  deemed  to  be  employees  of  the  postal  service, 
see  Sec.  4,  Act  Aug.  4,  1886 ;  1  Supp,  R  S.,  2d  Ed.,  512. 

»  Not  double.    See  U.  S.  v.  Sander,  6  McLean,  598 ;  U.  S.  v.  Byrne,  44  F.  R 
188.    See,  also,  No.  6,  note  16. 

1  See  generally,  and  for  forms  of  counts  on  Sec.  5467,  R  S.,  U.  S.  v.  Mills, 
7  Pet.  138;  U.  S.  v.  Baugh,  1  F.  R  784;  U.  S.  v.  Wight,  38  Id  106;  U.  S.  v. 
Byrne,  44  Id.  188. 

2  The  fact  that  any  letter,  etc.,  has  been  deposited,  etc.,  shall  be  evidence 
that  the  same  was  intended  to  be  conveyed  by  mail.    Sec.  54G8,  R  S. 

8  Not  material  how  letter  comes  into  possession  of  post-office  employee. 
U.  S.  v.  Hamilton,  9  F.  R  442. 

4  Notes  need  not  be  set  out    Jones  v.  U.  S.,  27  F.  R  447. 
8  Value  need  not  be  alleged.    Ib. ;  U.  S.  v.  Falkenhainer,  21  Id.  624. 
6  As  to  alleging  ownership  of  property  stolen  from  letters,  see  V.  S.  v. 


208  FORMS    ADAPTED   TO    CRIMINAL   CASES. 

and  that  the  said  -  — ,  then  and  there,  so  being  em- 

ployed as  aforesaid,  feloniously  did  steal  and  take  the  said 
lank-notes  and  United-States  notes,  to  the  amount  and  of  the 
[§  5467,  E.  S.]  value  aforesaid,  out  of  the  said  letter,  which 
had  not  then  been  delivered  to  the  said  person  to  whom  the 
same  was  so  directed, —  against,  etc. 

No.  345  (3). 

being  then  and  there  employed  in  a  department  of  the 

postal  service  of  the  said  United  States,  to  wit,  as  a  clerk  in 
and  for  the  post-office  of  the  said  United  States  there,  felo- 
[§  5467,  R.  S.J  niously  did  steal,  take  and  carry  away  divers 
bank-notes  and  United-States  notes,  together  amounting  to 

the  sum  of ,  and  of  the  value  of  -  — ,  of  the  goods  and 

moneys  of  one  C L j1  which  bank-notes  and  United- 
States  notes  last  mentioned  were  then  and  there  feloniously 
stolen  and  taken  as  aforesaid  by  the  said  -  -  out  of  a 

certain  letter  which  then  had  come  into  his  possession  in  his 
said  capacity  and  employment  as  aforesaid,  and  was  directed, 

and  intended  to  be  conveyed  by  mail,  to  one  C Y ,  at 

, ,  and  had  not  then  been  delivered  to  the  said  person 

to  whom  the  same  was  so  directed ;  against,  etc. 

No.  346  (4). 

being  then  and  there  a  person  employed  in  one  of  the 

departments  of  the  postal  service  of  the  said  United  States, 
to  wit,  a  clerk  in  the  post-office  of  the  said  United  States  at 

aforesaid,  feloniously  did  secrete  and  embezzle  two  other 

[§  5467,  R.  S.]  letters  then  and  there  intrusted  to  him,  and 
intended  to  be  conveyed  by  mail,  which  last-mentioned  letters 
each  then  and  there  contained  an  article  of  value,  and  had  not 
yet  beon  delivered  to  the  persons  to  whom  the  same  were 
respectively  directed ;  against,  etc. 

Bangh,  1  F.  R  784;  U.  S.  v.  Jackson,  29  Id.  503;  U.  S.  v.  Falkenhainer,  21 
Id.  624;  U.  S.  v.  Jones,  81  I A  718;  U.  S.  v.  Jones,  Ib.  725. 

1  Where  bank  notes  are  stolen  from  the  mail,  they  may  be  laid  as  the 
property  of  the  pel-son  forwarding  them.  U.  S.  v.  Burroughs,  3  McLean, 
405.  But  see  U.  S.  v.  Jackson,  29  F.  R  503 ;  U.  S.  v.  Jones,  81  F.  R  718 : 
U.  £  v,  Jones,  Ib.  725. 


POSTAL    CEIMES. 


Indictment,  on  Sec.  5467,  R.  S.,  against  a  clerk  in  a  Post- 
Offlce,  for  embezzling  a  letter,  containing  an  article 
of  value;  and  another  letter  containing  moneys  and 
articles  of  value  described. 

No.  347  (1). 

being  then  employed  as  a  clerk  in  the  post-office  of  the 

said  United  States  there,  feloniously  did  se-  [§  5467,  R.  $.] 
crete,  embezzle  and  destroy  a  letter  then  and  there  intrusted 
to  him,  and  intended  to  be  conveyed  by  mail,  and  containing 
an  article  of  value  •  against,  etc. 

No.  348  (2). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit,  a 

clerk  in  the  post-office  at aforesaid,  felo-     [§  5467,  R.  S.] 

niously  did  secrete,  embezzle  and  destroy  a  certain  other  letter 
which  then  and  there  came  into  his  possession,  and  contained 
articles  of  value,  and  was  intended  to  be  conveyed  by  mail, 
that  is  to  say,  a  certain  letter  then  and  there  directed  to  Will- 
iam H.  Henry,  at  Number  487  Chicago  Avenue,  Chicago,  Illi- 
nois, and  containing  moneys  (of  kinds  and  descriptions  to 
the  said  grand  jurors  unknown)  to  the  amount  and  value  of 
three  dollars  and  fifty  cents,  and  two  opera-tickets,  each  of  the 
value  of  three  dollars;  the  same  letter  not  then  having  been 
delivered  *  to  the  person  to  whom  it  was  so  directed :  Against, 
etc. 

No.  349  (3). 

being  then  and  there  employed  as  a  clerk  in  the  post- 
office  of  the  said  United  States  in  that  city,  [§  5467,  R.  S.] 
feloniously  did  secrete,  embezzle  and  destroy  a  certain  other 
letter  which  then  and  there  came  into  his  possession,  and  was 
intended  to  be  carried  and  delivered  by  a  letter-carrier,  [ —  or, 
to  be  delivered  from  the  post-office  aforesaid,]  and  contained 
an  article  of  value ;  against,  etc. 

1  It  is  not  necessary,  in  an  indictment  under  the  first  clause  of  Sec.  5467, 
R  S.,  for  secreting  and  embezzling,  to  allege  that  the  letter  had  not  been 
delivered.     U.  S.  v.  Wight,  38  F.  R  106. 
14 


210  FORMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  5467,  B.  S. ,  against  an  assistant  post- 
master, for  embezzling  a  letter  containing  bank-notes. 

No.  350. 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
an  assistant  postmaster  of  and  for  the  post-office  of  the  said 

United  States  at  aforesaid,  feloniously  did  secrete  and 

[§  5467,  R.  S.]  embezzle  a  certain  letter  and  packet  which 
then  and  there  came  into  his  possession,  and  contained  articles 
of  value,  and  was  intended  to  be  conveyed  by  mail,  that  is  to 
say,  a  certain  letter  and  packet  then  and  there  directed  to 

— ,  at ,  in  the  state  of ,  and  containing  divers 

national-bank  notes  and  United-States  notes.for  the  payment  of 
money,  to  the  amount  and  value  together  of  three  hundred 
dollars;  the  same  letter  and  packet  not  having  then  been  de- 
livered to  the  person  to  whom  it  was  so  directed ;  against,  etc. 


Indictment,  on  Sec.  5467,  B.  S.,  against  an  assistant  post- 
master, for  embezzling  letters,  one  containing  a  draft 

still  unpaid. 

No.  351  (1). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
an  assistant  postmaster  for  the  post-office  of  the  said  United 
[§  5467,  B.  S.]  States  at  Albany  aforesaid,  feloniously  did 
embezzle  a  certain  letter  which  then  and  there  came  into  his 
possession,  and  was  intended  to  be  conveyed  by  mail,  and  con- 
tained an  article  of  value :  against,  etc. 

No.  352  (2). 
was  a  person  employed,  etc.,  [as  in  first  count;"]  and 


that  a  certain  letter  then  lately  before  sent  by  one , 

of ,  in  the  state  of ,  and  directed,  and  intended  to  be 

conveyed  by  mail  from  that  place,  to   certain  persons  then 
using  the  style  and  firm-name  of  I.  F.  Force  &  Co.,  at  New 


POSTAL   CRIMES.  211 

Albany,  in  the  state  of  Indiana,  then  came  into  the  possession 

of  the  said  ,  at  Albany  aforesaid,  in  the  district 

aforesaid ;  which  letter  last  aforesaid  then  and  there  contained 
a  certain  draft,  then  still  unpaid,  for  the  sum  and  of  the  value 

of  -    — :  And  the  said then   and  there,  so  being 

such  assistant  postmaster,  and  the  letter  last  aforesaid  so  hav- 
ing come  into  his  possession,  and  the  same  not  having  then 
been  delivered  to  the  said  persons  to  whom  it  was  so  directed 
as  aforesaid,  feloniously  did  secrete  and  em-  [§  5467,  R.  S.] 
bezzle  the  same  letter,  so  then  and  there  containing  the  said 
draft  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  5467,  R.  S.,  against  a  railway  post- 
office  clerk,  for  embezzling  a  letter,  directed  to  a  given 
address,  and  containing  an  article  of  value  described. 

No.  353. 

-  being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
as  a  railway  post-office  clerk,  feloniously  did  [§  5467,  R.  S.] 
secrete  and  embezzle  a  certain  packet  which  then  and  there 
came  into  his  possession,  and  contained  an  article  of  value, 
and  was  intended  to  be  conveyed  by  mail,  that  is  to  say,  a 
certain  packet  then  and  there  intended  to  be  conveyed  by 
mail  to  one ,  at ,  in  the  state  of  ,  and  con- 
taining one  silk  scarf,  of  the  value  of  one  dollar;  against,  etc. 


Indictment,  on  Sec.  5467,  R.  S.,  against  a  railway  postal 
clerk,  for  stealing  money  described,  ont  of  letters  di- 
rected to  a  given  address. 

No.  354. 

being  then  and  there  employed  as  a  railway  postal 

clerk,  in  the  postal  service  of  the  said  United  States,  feloni- 
ously did  steal,  take  and  carry  away  divers  [§  5467,  R.  S.] 
obligations  of  the  said  United  States,  called  respectively  sil- 
ver-certificates and  United-States  notes,  of  the  moneys  and 


212  FOKMS    ADAPTED   TO   CBIMINAL   CASES. 

property  of  one1  A M.  S ,  out  of  divers  letters  which 

then  and  there  had  come  into  the  possession  of  him  the  said 

,  and  were  directed  to ,  at ,  -  — ,  and 

had  not  yet  been  delivered  to  the  person  to  whom  the  same 
were  so  directed,  that  is  to  say,  out  of  one  of  the  said  letters 
a  certain  silver  certificate,  of  the  denomination  and  value  of 
one  dollar,  and  out  of  another  of  the  same  letters  a  certain 
other  silver-certificate,  of  the  like  denomination  and  value, 
and  out  of  another  of  the  same  letters  a  certain  United-States 
note,  of  the  denomination  and  value  of  one  dollar,  and  out 
of  another  of  the  same  letters  a  certain  other  United-States 
note,  of  the  like  denomination  and  value ;  against,  etc. 


Indictment,  on  Sec.  5467,  B.  8.,  against  a  railway  post- 
office  clerk,  for  embezzling  a  letter  containing  money, 
and  stealing  money  out  of  letters ;  with  a  count  on  Sec. 
5469,  R.  S.,  for  taking  a  letter  containing  an  article  of 
value  out  of  the  mail,  and  opening  the  same;  and  with 
a  count  on  Sec.  3891,  R.  S.,  for  secreting  and  embez- 
zling a  letter;  and  with  a  count  on  Sec.  3892,  R.  S.,  for 
embezzling  a  letter  which  had  been  in  a  railway  post- 
office  and  had  not  been  delivered. 

No.  355  (1). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  that  is  to 
say,  as  a  railway  post-office  clerk  in  the  railway  post-office  on 
the  route  between  the  city  of  Cincinnati,  in  the  state  of  Ohio, 

and  the  said  city  of ,  in  the  district  aforesaid,  feloniously 

[§  5467,  R.  S.]  did  embezzle  a  certain  letter  then  and  there 
intrusted  to  him  and  intended  to  be  conveyed  by  mail;  which 
said  letter  then  and  there  contained  one  United  States  note,  of 
the  denomination  and  value  of  one  dollar,  and  was  directed  to 

one ,  at ,  in  the  state  [ —  or,  territory]  of ; 

against,  etc. 


i  See  No.  344,  note  6,  and  No.  345,  note  1. 


POSTAL   CRIMES.  213 

No.  356  (2> 

-  being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  that  is 
to  say,  as  a  railway  post-office  clerk  in  the  railway  post-office 

running  'between  the  city  of ,  in  the  slate  of ,  and  the 

said  city  of ,  in  the  district  aforesaid,  feloniously  did  steal, 

take  and  carry  away  two  other  United  States     [§  5467,  R.  S.] 
notes,  each  of  the  denomination  and  value  of  one  dollar,  of 
the  property  and  moneys  of  one ;  which  last-men- 
tioned United-States  notes  were  then  and  there  feloniously 
stolen  and  taken  as  aforesaid  by  the  said ,  respect- 
ively, out  of  two  other  letters  which  had  then  lately  before 
come  into  his  possession  as  such  railway  post-office  cleric,  and 
had  not  then  been  delivered  to  the  party  to  whom  the  same 
were  directed ;  against,  etc. 

No.  357  (3). 

feloniously  did  take l  a  certain  other  letter,  directed  to 

one ,  and  then  and  there  containing  an  article  of 

value,  from  and  out  of  the  mail  of  the  said  [§  5469,  R.  S.] 
United  States,  and  did  then  and  there  open  and  embezzle  the 
same  letter;  against,  etc. 

No.  358  (4). 

—  being  then  and  there  a  person  employed,  etc.,  [as  in 
first  count,']  unlawfully  and  feloniously  did  secrete  and  embezzle 
a  certain  other  letter  then  and  there  intrusted  [§  3891,  R.  S.] 
to  him  and  intended  to  be  conveyed  by  mail;  against,  etc. 

No.  359  (5). 

-  unlawfully  and  feloniously  did  secrete  and  embezzle  a 
certain  other  letter  which  had  then  lately  be-     [§  3892,  R.  S.] 
fore  been  in  a  post-office  of  the  said  United  States,  to  wit,  the 
Chicago  and  Cincinnati  railway  post-office,  and  had  not  then 
been   delivered   to  the   person   to   whom  it   was   directed; 
against,  etc. 

1  One  in  the  postal  service  may  be  prosecuted  under  Sec.  5469,  R  S-,  for 
stealing  letters  from  the  mails.  U.  S.  v.  Falkerihainer,  21  F.  R  634  •  U.  S. 
v.  Gruver,  35  Id.  59. 


214:  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  6467,  R.  8.,  against  a  letter-carrier, 
for  embezzling  letters  containing  articles  of  value;  and 
for  stealing  valuable  contents  of  letters. 

No.  360  (1). 

being  then  and  there  employed  as  a  letter-carrier  of 

and  for  the  post-office  of  the  said  United  States  at afore- 
said, feloniously  did  secrete,  embezzle  and  destroy  certain 
[§  5467,  B.  8.]  letters  and  packets  which  then  and  there 
were  intrusted  to  him,  and  contained  respectively  articles  of 
value,  and  were  letters  and  packets  intended  to  be  conveyed 
by  mail,  that  is  to  say,  Jive  letters  and  packets  then  and  there 
directed  to  certain  persons  then  trading  under  the  Jinn-name 
and  style  of  M ,  E &  Co.,  at aforesaid ;  against, 

etc. 

No.  361  (2). 

-  being  then  and  there  employed  as  a  letter-carrier  of 
and  for  the  post-office  of  the  said  United  States  at  -    -  afore- 
said, feloniously  did  steal,  take  and  carry  away  two  notes  for 
[§  5467,  R.  S.]     the  payment  of  money,  called  United-States 
notes,  each  of  the  denomination  and  value  of  one  dollar,  of  the 

moneys  and  property  of  one ;  which  said  notes  were 

then  and  there  feloniously  stolen  and  taken  as  aforesaid  by 

the  said out  of  a  certain  letter  which  then  and  there 

had  come  into  his   possession,  and  was  directed  to  certain 
persons  by  the  style  and  designation  ofNL ,  B- &  Co.,  at 

-  aforesaid,  and  had  not  then  been  delivered  to  the  said 
persons  to  whom  the  same  was  so  directed ;  against,  etc. 

No.  362  (3). 

-  being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit,  a 
letter-carrier  of  and  for  the  post-office   of  the  said  United 
[§  6467,  R.  8.]     States  at  -      -   aforesaid,  unlawfully  and 
feloniously  did  secrete,  embezzle  and  destroy  a  certain  other 
letter  then  and  there  intrusted  to  him  and  intended  to  be  car- 
ried and  delivered  by  a  letter-carrier,  and  then  and  there  con- 
taining one  national  lank-note  of  the  denomination  and  value 
of  two  dollars;  against,  etc. 


POSTAL   CKIMES.  215 

No.  363  (4). 

being  then  and  there  a  person  employed  in  one  of  the 

departments  of  the  postal  service  of  the  said  United  States, 
that  is  to  say,  as  a  letter-carrier  of  and  for  the  post-office  of 

the  said  United  States  at  aforesaid,     [§  5467,  E.  S.] 

feloniously  did  steal,  take  and  carry  away  divers  bank-notes^ 
together  amounting  to  the  sum  of  twenty  dollars,  and  of  the 
value  of  twenty  dollars,  of  the  property  and  moneys  of  one l 
;  which  said  bank-notes  were  then  and  there  feloni- 
ously stolen  and  taken  as  aforesaid  by  the  said out 

of  a  certain  letter  which  had  then  lately  before  come  into  his 
possession  as  such  letter-carrier,  and  had  not  then  been  deliv- 
ered to  the  party  to  whom  it  was  directed ;  against,  etc. 


Indictment,  on  Sec.  5467,  E.  S.,  against  a  letter-carrier,  for 
embezzling  letters  containing  articles  of  value ;  with 
a  count  on  Sec.  3891,  E.  S.,2  for  detaining  and  embez- 
zling a  letter  intended  to  be  conveyed  by  mail,  etc. 

No.  364  (1). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit, 
a  letter-carrier  of  and  for  the  post-office  of  the  said  United 

States  at aforesaid,  feloniously  did  se-     [§  5467,  E.  S,] 

crete,  embezzle  and  destroy  a  certain  letter  which  then  and 
there  came  into  his  possession,  and  was  intended  to  be  con- 
veyed by  mail,  and  contained  an  article  of  value;  against,  etc. 


No.  365  (2). 

being  then  and  there  employed  as  a  letter-carrier  of 

and  for  the  post-office  of  the  said  United  States  at afore- 
said, feloniously  did  secrete  and  embezzle  a  [§  5467,  E.  S.] 
certain  other  letter  which  then  and  there  came  into  his  pos- 

1  See  No.  344,  note  6,  and  No.  345,  note  1. 

2  Sec.  5467,  R  S.,  punishes  offense  of  embezzling  letters  containing  articles 
of  value,  and  stealing  valuable  contents  of  letters ;  while  Sec.  3891,  R  S., 
punishes  embezzlement  of  letters  not  containing  articles  of  value.     U.  S.  v. 
Lacher,  134  U.  S.  624. 


216  FOEM8   ADAPTED   TO   CRIMINAL   CASES. 

session,  and  contained  an  article  of^  value,  and  was  intended 
to  be  conveyed  by  mail,  that  is  to  say,  a  certain  letter  then 
and  there  bearing  the  address  of  Mrs.  George  R.  Smith,  Willi- 
mansett,  Mass.,  and  containing  a  certain  United-States  note  of 
the  denomination  and  value  of  Jive  dollars;  the  same  letter  not 
having  then  been  delivered  to  the  person  to  whom  it  was  so 
directed:  Against,  etc. 

No.  366  (3). 

-  being  then  and  there  employed  in  a  department  of  the 
postal  service  of  the  said  United  States,  that  is  to  say,  as  a 
letter-carrier  of  and  for  the  post-office  of  the  said  United  States 
[§  3891,  R.  S.]  there,  unlawfully  did  detain,  delay,  secrete 
and  embezzle  a  certain  other  letter  which  then  and  there  had 
come  into  his  possession,  and  was  a  letter  intended  to  be  con- 
veyed by  mail ;  against,  etc. 


Indictment,  on  Sec.  5467,  R.  S.,  against  a  letter-carrier, 
for  embezzling  letters  containing  articles  of  value, 
and  other  letters,  containing  money  described,  and  di- 
rected to  a  person  named;  with  a  count  on  Sec.  3891, 
R.  S.,  for  secreting  other  letters. 

No.  367  (1). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service,  to  wit,  a  letter-carrier  of  and  for 
the  post-office  of  the  said  United  States  there,  feloniously  did 
[§  5467,  R.  S.]  secrete  and  embezzle  two  letters  then  and 
there  intrusted  to  him,  and  intended  to  be  conveyed  by  mail, 
and  each  containing  an  article  of  value ;  against,  etc. 


No.  368  (2). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service,  to  wit,  a  letter-carrier  of  and  for 
the  post-t>ffice  of  the  United  States  at  -  -  aforesaid,  feloni- 
ously did  secrete  and  embezzle  a  certain  other  letter  which 
[§  5467,  R.  S.]  then  and  there  had  come  into  his  possession, 
and  was  intended  to  be  conveyed  by  mail,  and  contained  two 


POSTAL   CRIMES.  217 

notes  of  the  said  United  States  for  the  payment  of  money, 
called  United-States  notes,  each  of  the  denomination  and 
value  of  one  dollar;  against,  etc. 

No.  369  (3). 

-  being  then  and  there  employed  in  a  department  of  the 
postal  service  of  the  said  United  States,  that  is  to  say,  as  a 
letter-carrier  of  and  for  the  post-office  at  aforesaid,  felo- 
niously did  secrete  and  embezzle  a  certain  [§  5467,  R.  S.] 
letter  and  packet  which  then  and  there  had  come  into  his 
possession,  and  was  intended  to  be  conveyed  by  mail,  and 
contained  certain  obligations  of  the  government  of  the  said 
United  States,  to  wit,  one  United-States  note,  of  the  denomi- 
nation and  value  of  one  dollar,  one  other  United-States  note, 
of  the  denomination  and  value  of  two  dollars,  and  one  other 
United-States  note,  of  the  denomination  and  value  of  five 
dollars;  which  said  letter  and  packet  was  then  and  there 
directed  to  the  address  of  Mrs.  Jackson  Blair,  Omaha,  Ne- 
braska, and  had  not  then  been  delivered  to  the  person  to 
whom  it  was  directed  as  aforesaid :  Against,  etc. 

No.  370  (4). 

being  then  and  there  employed  in  a  department  of 

the  postal  service,  that  is  to  say,  as  a  letter-carrier  for  the 
post-office  of  the  said  United  States  there,  unlawfully  did 
secrete,  embezzle  and  destroy  two  other  let-  [§  3891,  R.  S.] 
ters  which  then  and  there  had  come  into  his  possession,  and 
were  intended  to  be  conveyed  by  mail ;  against,  etc. 

Indictment,  on  Sec.  5467,  R.  S.,  against  a  letter-carrier, 
for  embezzling  letters,  some  directed  to  persons  un- 
known, and  one  directed  to  some  person  by  an  address 
only  partly  legible,  and  all  containing  money  and  arti- 
cles of  value ;  with  a  count  on  Sec.  3891,  R.  S.,  for  em- 
bezzling ten  other  letters. 

No.  371  (1). 

being  then  and  there  a  person  employed  in  a  depart- 
ment of  the  postal  service  of  the  said  United  States,  to  wit,  as 
a  letter-carrier  [ — or,  a  substitute  letter-car-  [§  5467,  R.  S.j 


218  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

rier]  of  and  for  the  post-office  of  the  said  United  States  at 

aforesaid,  feloniously  did  secrete,  embezzle  and  destroy 

divers  letters  and  packets,  to  wit,  ten  letters  and  packets 
which  then  and  there  came  into  his  possession,  and  were  in- 
tended to  be  conveyed  by  mail,  and  contained  respectively 
articles  of  value ;  against,  etc. 

No.  372  (2). 

-  being  then  employed  as  a  letter-easier  of  and  for  the 
post-office  of  the  said  United  States  there,  feloniously  did 
secrete,  embezzle  and  destroy  divers  others  packets,  to  wit, 
[§  5467,  R.  S.]  ten  other  packets,  which  then  and  there  came 
into  his  possession,  and  were  directed  and  intended  to  be  con- 
veyed by  mail,  to  divers  persons  to  the  said  grand  jurors  un- 
known, and  contained  each  an  article  of  value,  to  wit,  one 
picture-card,  of  the  value  of  five  cents;  against,  etc. 

No.  373  (3). 

—  being  then  employed  as  a  letter-carrier  of  and  for  the 

post-office  of  the  said  United  States  at aforesaid,  felo- 

[§  5467,  R.  S.]  niously  did  secrete,  embezzle  and  destroy  a 
certain  other  letter  and  packet,  which  then  and  there  came 
into  his  possession,  and  contained  an  article  of  value,  and  was 
intended  to  be  conveyed  by  mail,  that  is  to  say,  a  certain  let- 
ter and  packet  then  and  there  bearing  a  certain  address 
whereof  a  part  only,  as  follows,  to  wit  — 

Mr  Fran 
153  W 
C 

is  now  legible  and  to  the  said  grand  jurors  known,  and  con- 
taining some  article  of  value  to  the  said  grand  jurors  un- 
known; against,  etc. 

No.  374  (4). 

being  then  employed  as  a  letter-carrier  of  and  for  the 

post-office  of  the  said  United  States  there,  feloniously  did 
[§  5467,  R.  S.]  secrete,  embezzle  and  destroy  a  certain  other 
letter  and  packet  which  then  and  there  came  into  his  posses- 
sion, and  was  a  letter  and  packet  intended  to  be  conveyed  by 
mail  to  some  person  or  persons  to  the  said  grand  jurors  un- 


POSTAL   CRIMES.  219 

known,  and  contained  certain  paper  money,  (of  a  description 
and  amounf  to  the  said  grand  jurors  unknown,)  of  the  value 
of  one  dollar  or  upwards;  against,  etc. 

No.  375  (5). 

being  then  employed  as  a  letter-carrier  of  and  for  the 

post-office  of  the  said  United  States  there,  unlawfully  did  de- 
tain, delay,  open,  secrete,  embezzle  and  destroy  divers  other  let- 
ters and  packets,  to  wit,  ten  other  letters  and  [§  3891,  B.  S.] 
packets,  which  then  and  there  were  intrusted  to  him,  and 
were  intended  to  be  carried  and  delivered  by  a  letter-carrier ; 
against,  etc. 

No.  376  (6). 

being  then  employed  as  a  letter-carrier  of  and  for  the 

post-office  of  the  said  United  States  there,  unlawfully  did  de- 
tain, delay,  open,  secrete,  embezzle  and  de-  [§  3891,  R.  S.] 
stroy  a  certain  other  letter  and  packet  which  then  and  there 
had  come  into  his  possession,  and  was  intended  to  be  conveyed 
by  mail,  to  wit,  a  certain  letter  and  packet  then  and  there 
bearing  a  certain  address  whereof  a  part  only,  as  follows, 

to  wit  — 

Mr  Fran 
153  W 

Q 

now  remains  and  is  to  the  grand  jurors  known ;  against,  etc. 


Indictment,  on  Sec.  5467,  E.  S.,  against  special-delivery 
messenger,  for  embezzling  a  letter  directed  to  a  per- 
son named,  and  containing  certain  United  States  coins ; 
with  a  count  on  Sec.  5469,  B.  S.,  for  stealing  a  letter 
ont  of  a  post-office,  directed  to  a  person  named  and  in 
care  of  another. 

No.  377  (1). 

being  then  and  there  employed  in  a  department  of  the 

postal  service  of  the  said  United  States,  to  wit,  as  a  special- 
delivery  messenger1  of  and  for  the  post-office  of  the  said  United 

i  See  Sec.  4,  Act  Aug.  4, 1886,  (1  Supp.  R.  S.,  2d  Ed.,  512),  and  ante,  No.  343, 
noteS, 


220  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

States  there,  feloniously  did  secrete,  embezzle  and  destroy  a  cer- 
[§  5467,  B.  S.]  tain  letter  and  packet  which  then  and  there 
came  into  his  possession,  and  contained  articles  of  value,  and 
was  intended  to  be  conveyed  by  mail,  to  wit,  a  certain  letter 
and  packet  then  and  there  directed  to  one ,  at  Chi- 
cago aforesaid,  and  containing  two  gold  coins,  each  of  the 
value  of  two  dollars  and  fifty  cents,  and  one  silver  coin,  of  the 
value  of  fifty  cents;  against,  etc. 

No.  378  (2). 

feloniously  did  steal  and  take  from  and  out  of  the  post- 
office  of  the  said  United  States  there  a  certain  letter  and 
[§  5469,  R.  S.]  packet,  to  wit,  a  certain  letter  and  packet 

then  and  there  directed  to ,  in  care  of at 

Chicago,  Illinois;  against,  etc. 


Indictment,  on  Sec.  5460,  R.  S.,  for  stealing  the  mail; 
stealing  letters  out  of  a  mail;  taking  the  mail  and 
divers  letters  containing  articles  of  value  therefrom, 
and  opening  and  destroying  the  same ;  with  a  count  on 
Sec.  5475,  R.  S.,  for  stealing  a  mail-bag. 

No.  379  (I).1 

feloniously  did  steal  the  mail  of  the  said  United  States ; 

[§  5469,  R.  S.]    against,  etc. 

No.  380  (2).2 


-  feloniously  did  steal  and  take  divers  packets,  to  wit, 
[§  5469,  R.  S.]  twenty  packets,  from  and  out  of  a  mail  of  the 
said  United  States;  against,  etc. 

No.  381  (3).8 

feloniously  did  take  the  mail  of  the  said  United  States, 

[§  5469,  R,  S.]     and  divers,  to  wit,  twenty,  packets  therefrom", 

i  See  2  Whart  Pr.  1099. 
2Ib.  1100. 
•11x1101. 


POSTAL   CRIMES.  221 

and  open  and  destroy  the  same  mail  and  packets,  the  same 
then  and  there  containing  respectively  articles  of  value; 
against,  etc. 

No.  382  (4). 

a  certain  mail-bag  then  in  use  by  and  belonging  to  the 

Post-Office  Department  of  the  said  United  States,  and  of  the 
value  of  one  dollar,  feloniously  did  purloin,  steal,  take  and 
carry  away;  against,  etc.  [§  5475,  R.  S.] 


Indictment,  on  Sec.  5469,  R.  S.,  for  stealing  the  mail; 
stealing  and  taking  divers  letters  out  of  a  mail ;  tak- 
ing the  mail  and  divers  letters  containing  articles  of 
value  therefrom,  and  opening  the  same ;  with  a  count 
on  Sec.  5476,  R.  S.,  for  tearing,  cutting  and  injuring 
a  mail-bag. 

No.  383  (1). 

feloniously  did  steal  the  mail  of  the  said  United  States ; 

against,  etc.  .  [§  5469,  R.  S.] 

No.  384  (2). 

feloniously  did  steal  and  take  from  and  out  of  a  mail 

of  the  said  United  States  divers,  to  wit,  one  [§  5469,  R.  S.] 
hundred,  letters  and  packets ;  against,  etc. 

No.  385  (3).1 

feloniously  did  take  the  mail  of  the  said  United  States, 

and  divers,  to  wit,  one  hundred,  letters  and  [§  5469,  R.  S.] 
packets  therefrom,  and  open,  embezzle  and 2  destroy  the  same 
mail,  letters  and  packets,  the  same  then  and  there  containing 
articles  of  value ;  against,  etc. 


No.  386  (4).3 

unlawfully  did  tear,  cut  and  injure  a  certain  mail-bag 

and  pouch  then  used  and  designed  for  use  in  [§  5476,  R.  S.] 
the  conveyance  of  the  mail  of  the  said  United  States ;  against, 
etc. 

*See2  Whart  Pr.  1101. 

2  Not  double.    See  U.  S.  v.  Sander,  6  McLean,  598 ;  U.  S.  v.  Byrne,  44  F.  R. 
188.    And  see  No.  6,  note  16. 

3  For  form  of  a  count  on  Sec.  5476,  R  S.,  alleging  intent  to  rob,  etc.,  see 
No.  390. 


222  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Indictment*  on  Sec.  5469;  R.  s.,  for  stealing  mail  from  a 
railway  post-office  car;  with  a  count  on  Sec.  5476, 
B.  S.,  for  tearing,  cutting  and  injuring  a  mail-pouch, 
with  intent  to  rob  the  mail,  etc. 

No.  387  (1). 

- 

feloniously  did  steal  the  mail  of  the  said  United  States ; 

[§  5469,  R.  S.]    against,  etc. 

No.  388  (2). 

feloniously  did  steal  and  take  from  and  out  of  a  mail 

[§  5469,  R.  S.]  of  the  said  United  States  divers,  to  wit, 
twenty,  letters  and  packets ;  against,  etc. 

No.  389  (3). 

feloniously  did  take  from  a  certain  railway  post-office 

[§  5469,  R.  S.]  car  there,  the  same  then  and  there  being  an 
authorized  depository  for  mail-matter,  divers,  to  wit,  twenty, 
other  letters  and  packets,  each  then  and  there  containing  an 
article  of  value,1  and  the  same  letters  and  packets  then  and 
there  feloniously  did  open,  embezzle  and  destroy ;  against,  etc. 

No.  390  (4). 

a  certain  mail-pouch  then  and  there  used  and  designed 

for  use  in  the  conveyance  of  the  mail  of  the  said  United 
States,  and  containing  a  part  of  the  said  mail,  feloniously  did 
[§  5476,  R.  S.]  tear,  cut  and  injure,  with  intent  then  and 
there  the  said  mail  feloniously  to  rob,  and  the  said  contents 
of  the  said  mail-pouch  feloniously  to  steal,  take  and  carry 
away;  against,  etc. 

1  Indictment  need  not  allege  that  letters,  etc.,  contained  anything  of 
value.  U.  S.  v.  Burns,  5  McLean,  23 ;  U.  S.  v.  Falkenhainer,  21  F.  R  624 ; 
U.  S.  v.  Davis,  33  Id.  86  > 


POSTAL   CRIMES.  223 

Indictment,  on  Sec.  5469,  R.  S.,  for  stealing  and  taking 
divers  letters  and  packets  from  and  out  of  a  post-office ; 
some  directed  as  specified,  and  containing  articles  of 
value  of  kinds  unknown. 

No.  391  (1). 

-  feloniously  did  steal  and  take  from  and  out  of  the 
post-office  of  the  said  United  States  there     [§  5469,  R.  S.] 
divers  letters  and  packets,  to  wit,  ten  letters  and  packets  di- 
rected respectively  to ,  at  aforesaid ;  against, 

etc. 

No.  392  (2). 

feloniously  did  steal  and  take  from  the  post-office  of 

the  said  United  States  there  divers  other  [§  5469,  R.  S.] 
letters  and  packets,  to  wit,  ten  letters  and  packets  directed 
respectively  to  one ,  at aforesaid ;  against,  etc. 

No.  393  (3). 

-  feloniously  did  take  divers  letters  from  the  post-office 
of  the  said  United  States  there,  and  open,     [§  5469,  R.  S.] 
embezzle  and  destroy  the  same  letters,  that  is  to  say,  ten  let- 
ters, then  and  there  directed  respectively  to ,  at 

aforesaid,  and  containing  respectively  articles  of  value,  of  kinds 
and  descriptions  to  the  said  grand  jurors  unknown;  against, 
etc. 

No.  394  (4). 


a  certain  letter,  then  being  in  the  post-office  of  the  said 

United  States  there,  and  directed  to ,  at ,  feloni- 
ously did  steal  and  take  from  and  out  of  the  [§  5469,  R.  S.] 
said  post-office ;  against,  etc. 


224:  FORMS    ADAPTED   TO   CRIMINAL    CASES. 

Indictment;  on  Sec.  5469,  R.  S.,  for  taking  a  letter,  contain- 
ing an  article  of  value,  from  a  post-office,  and  opening 
and  embezzling  the  same  letter ;  and  for  taking  a  let- 
ter containing  a  check,  and  directed  to  a  person  named, 
and  opening,  embezzling  and  destroying  the  same  letter. 

No.  395  (I).1 

George  II.  Early, feloniously  did  take  a  cer- 

[§  6469,  R.  $.]  tain  letter  from  the  post-office  of  the  said 
United  States  there,  and  open  and  embezzle  the  said  letter, 
the  same  then  and  there  containing  an  article  of  value ;  against, 
etc. 

No.  396  (2).2 

George  H.  Early, feloniously  did  take  a  cer- 

[§  5469,  R.  S.]  tain  other  letter  from  the  post-office  of  the 
said  United  States  there,  to  wit,  a  certain  letter  then  and  there 
directed  to  one  George  E.  Early,  (by  the  name  of  George  II. 

Early,)  at aforesaid,  and  the  same  letter,  then  and  there 

containing  a  check  for  the  sum  and  of  the  value  of  fifty  dollars, 
then  and  there  feloniously  did  open,  embezzle  and  destroy ; 
against,  etc. 

Indictment,  on  Sec.  5469,  R.  S.,  for  taking  from  a  post- 
office,  letters  containing  articles  of  value,  and  directed 
to  a  person  named,  and  opening  and  embezzling  the 
same ;  with  a  count  on  Sec.  3892,  R.  S.,  for  secreting 
and  embezzling  letters  before  delivery  thereof. 

No.  397  (1). 

feloniously  did  take  divers  letters  from  the  post-office 

[§  5469,  R.  S.]  of  the  said  United  States  there,  that  is  to 
&a.y,Jive  letters,  then  lately  before  sent  by  mail  from  divers 
places  to  Chicago  aforesaid,  for  and  to  be  delivered  to  one 
Matthias  Thome,  and  the  said  letters  then  and  there  feloni- 
ously did  open  and  embezzle,  the  same  then  and  there  con- 
taining respectively  articles  of  value;  against,  etc. 

»  See  2  Whart.  Pr.  1101 

2ib.  noa 


POSTAL   CRIMES.  225 

No.  398  (2). 

feloniously  did  take  a  certain  other  letter  from  the 

mail  of  the  said  United  States,  to  wit,  a  cer-  [§  5469,  R.  S.] 
tain  letter  then  lately  before  sent  by  mail  to  Chicago  aforesaid, 
and  then  and  there  bearing  the  address  of  M.  Thome,  138  & 
lJf.0  Wabash  Ave.,  Chicago,  111.,  and  then  and  there  feloniously 
did  open  and  embezzle  the  same  letter,  which  then  and  there 
contained  an  article  of  value,  to  wit,  a  certain  obligation  and 
security  of  the  said  United  States,  for  the  payment  of  ten 
dollars,  and  of  the  value  of  ten  dollars;  against,  etc. 

No.  399  (3). 

divers  other  letters  and  packets,  to  wit,  three  letters 

and  three  packets,  which  then  had  been  in  the  post-office 
of  the  said  United  States  there,  and  were  directed  to  one 
Matthias  Thome,  at  Chicago  aforesaid,  unlaw-  [§  3892,  R.  S.] 
fully  did  secrete  and  embezzle,  before  the  same  letters  and 
packets  had  been  delivered  respectively  to  the  person  to  whom 
they  were  so  directed  as  aforesaid ;  against,  etc. 

No.  400  (4). 

a  certain  letter  and  packet  which  then  had  been  in  the 

post-office  of  the  said  United  States  there,  and  was  directed 

to at aforesaid,  unlawfully  did  take,  before  the 

same  had  been  delivered  to  the  said  person  to     [§  3892,  R.  S.] 
whom  it  was  so  directed,  and  with  a  design  to  obstruct  h — 
correspondence,  and  to  pry  into  h —  business  and  secrets; 
against,  etc. 
15 


22G  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Indictment^  on  Sec.  5469,  R.  S.,  for  taking  a  letter,  con- 
taining a  money-order,  and  directed  as  specified,  from 
a  post-office,  and  opening  and  embezzling  the  same ; 
and  for  obtaining  such  a  letter  from  an  unknown  post- 
office  clerk  by  fraud  and  deception ;  with  a  count  on 
Sec.  5463,  B.  S.,  (1  Supl.  R.  S.,  2d  Ed.,  518,  593,)  for 
forging  a  signature  to  a  receipt  on  a  money-order. 

No.  401  (1). 

-  feloniously  did  take  a  certain  letter  from  the  post- 
office  of  the  said  United  States  there,  to  wit,  a  letter  directed 

[§  5469,  R.  S.]    to  one ,  at aforesaid,  and  the 

said  letter  then  and  there  feloniously  did  open  and  embezzle, 
the  same  then  and  there  containing  a  certain  postal  money-order 
for  the  sum  and  of  the  value  of  ten  dollars;  against,  etc. 

No.  402  (2). 

—  present,  that  heretofore,  to  wit,  on  etc.,  at,  etc.,  in  the 
district  aforesaid,  there  was  in  the  post-office  of  the  said 
United  States  there,  and  in  the  custody  of  some  person  to 
the  said  grand  jurors  unknown,  then  and  there  being  a  clerk 
in  and  for  the  said  post-office,  a  certain  letter  which  then 

lately  before  had  been  sent  by  mail  from ,  in  the  state  of 

— ,  for  and  to  be  delivered  to  one ,  at afore- 
said, in  the  district  aforesaid ;  which  letter  last  aforesaid  then 
and  there  contained  an  article  of  value,  to  wit,  a  certain  money- 
order  for  the  sum  and  of  the  value  of  ten  dollars:  And  that  the 

said then  and  there,  by  fraud  and  deception,  that 

is  to  say,  by  falsely  and  fraudulently  pretending  to  be  the 
person  for  whom  the  last-mentioned  letter  then  and  there  was 
intended,  and  as  such  person  to  be  entitled  to  receive  the 
same,  feloniously  did  without  right  obtain  the  same  letter 
[§  5469,  R.  S.]  from  the  said  person  to  the  said  grand  jurors 
unknown,  so  then  being  such  clerk  and  having  the  custody 
thereof  as  aforesaid ;  against,  etc. 


POSTAL   CRIMES.  227 

No.  4:03  (3). 

had  in  h —  possession  a  certain  money-order  issued 

by  the  Post-Office  Department  of  the  said  United  States,  and 
of  the  tenor  following,  to  wit:  [here  set  out  the  money -order, 
without  the  signature  of  the  payee  or  the  stamp  of  the  paying 
office;^  And  that  the  said ,  so  having  in  h —  posses- 
sion the  money-order  last  aforesaid,  then  and  there,  with 
intent  to  defraud  one  Charles  Beck,  feloniously  did  falsely 
make  and  forge  a  certain  material  signature  upon  and  to  a 
receipt  on  the  same  money-order,  [§  5463,  R.  S.,  as  am.] 
by  falsely  making  and  forging  upon  the  same  money-order, 
next  below  the  words  "Received  the  above,"  at  the  foot 
thereof,  a  certain  signature  purporting  to  be  the  signature  of 
the  same  Charles  Beck  to  whom  the  same  money -order  was 
then  and  there  payable ;  the  tenor  of  which  said  falsely  made 
and  forged  signature  is  as  follows,  to  wit,  "Charles  Beck:" 
Against,  etc.1 


Indictment,  on  Sec.  5469,  R.  S.,  for  taking  a  letter  from  a 
post-office,  and  opening,  embezzling  and  destroying  the 
same ;  for  taking  a  letter,  containing  bank-notes,  and 
directed  as  specified,  from  a  post-office,  and  opening  the 
same ;  and  for  obtaining  such  a  letter  from  a  post-office 
clerk  by  fraud  and  deception. 

No.  404  (1). 

feloniously  did  take  a  certain  letter  from  the  post-office 

of  the  said  United  States  there,  and  open,  [§  5469,  R.  S.] 
embezzle  and  destroy  the  said  letter,  the  same  then  and  there 
containing  an  article  of  value ;  against,  etc. 


No.  405  (2). 

feloniously  did  take  a  certain  letter  from  the  post- 
office  of  the  said  United  States  there,  to  wit,  [§  5469,  R.  S.] 
a  certain  letter  then  directed  to  one  Joseph  J.  Davidson  (by 
the  style  and  designation  of  J.  J.  Davidson),  at aforesaid, 

1  For  another  form  of  count  on  Sec.  5463,  see  No.  330. 


228  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

and  the  same  letter,  then  and  there  containing  divers  bank- 
notes1 and  United-States  notes  (of  kinds  and  denominations 
to  the  said  grand. jurors  unknown)  to  the  amount  and  value 
of  -  — ,  then  and  there  feloniously  did  open,  embezzle  and 
destroy;  against,  etc. 

No.  406  (3). 

present,  that  heretofore,  to  wit,  on  the day  of 

-,  in  the  year  of  our  Lord  eighteen  hundred  and  ninety- 


two,  at  -  -  aforesaid,  in  the  division  and  district  aforesaid, 
there  was  in  the  post-office  of  the  said  United  States  there, 

and  in  the  custody  of  one  // L ,  then  and  there  being 

a  clerk  in  and  for  the  said  post-office,  a  certain  letter  which 
then  lately  before  had  been  sent  by  mail  from  -  — ,  in  the 
state  of ,  for  and  to  be  delivered  to  one  Joseph  J.  David- 
son, at aforesaid,  in  the  division  and  district  aforesaid ; 

which  last-mentioned  letter  then  and  there  contained  articles 
of  value,  to  wit,  divers  bank-notes  and  United- States  notes  for 
the  payment  of  money,  of  kinds  and  denominations  respect- 
ively to  the  said  grand  jurors  unknown,  to  the  amount  and  of 

the  value  of :  And  that  the  said ,  otherwise  called 

John  J.  Davidson,  then  and  there,  by  fraud  and  deception, 
that  is  to  say,  by  falsely  and  fraudulently  pretending  to  be 
the  person  for  whom  the  letter  last  aforesaid  then  and  there 
was  intended,  and  as  such  person  to  be  entitled  to  receive  the 
same  letter,  feloniously  did  without  right  obtain  the  same  letter 

[§  5469,  R.  S.]    from  the  said  //—  —  L ,  so  then  being  such 

derlt  and  having  the  custody  thereof  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  5469,  \\.  S. .  for  taking  letters  contain- 
ing writings  representing  value,  and  directed  as  speci- 
fied, from  a  post-office;  and  for  obtaining  such  letters 
from  a  letter-carrier  by  fraud  and  deception. 

No.  407  (1). 

feloniously  did  take  certain  letters  from  the  post-office 

[§  5469,  R.  S.]    of  the  said  United  States  there,  to  wit, 


1  Ownership  of  contents  need  not  be  alleged.     U.  S.  v.  Falkenhainer,  21 
F.  R  624    See  No.  844,  note  6,  an*  No.  345,  note  1. 


POSTAL   CRIMES.  229 

twelve  letters,  each  then  and  there  directed  to  certain  persons 
under  the  style  and  designation  of  Oberne,  IIosick&  Company, 

at aforesaid,  and  the  said  letters,  each  then  and  there 

containing  a  writing  representing  value,  then  and  there  feloni- 
ously did  open,  embezzle  and  destroy ;  against,  etc. 

No.  408  (2). 

present,  that  heretofore,  to  wit,  on.  etc.,  at,  etc.,  in, 

etc.,  there  were  in  the  post-office  of  the  said  United  States 
there,  and  in  the  custody  of  one  Herman  Naper,  then  being !  a 
letter-carrier  of  and  for  the  said  post-office,  certain  letters,  to 
wit,  thirteen  letters,  which  lately  before  that  time  had  been 
sent  by  mail,  from  divers  places,  for  delivery  to  a  certain 
partnership  or  association  under  the  name  and  style  of  Oberne, 
Ilosick  (&  Company,  and  were  then  directed  to  the  said  partner- 
ship or  association,  at aforesaid,  in  the  district  aforesaid ; 

each  of  which  letters  last  aforesaid  then  and  there  contained 

an  article  of  value :  And  that  the  said and 

then  and  there,  by  fraud  and  deception,  that  is  to  say,  by 
fraudulently,  deceitfully  and  contrary  to  the  truth  pretending 
to  be  duly  authorized  to  take  and  receive  the  last-mentioned 
letters,  and  by  presenting  to  the  said  letter-carrier  a  false  and 
forged  writing  purporting  to  be  an  order  of  the  said  partner- 
ship or  association  for  the  delivery  of  its  mail-matter  to  the 
bearer  of  the  said  writing,  feloniously  did  without  right  ob- 
tain the  letters  last  aforesaid,  so  containing  articles  of  value, 
from  the  said  Herman  Naper,  so  being  such  [§  5469,  R.  S.] 
letter-carrier  and  having  the  custody  of  the  same  letters  as 
aforesaid ;  against,  etc. 


Indictment;  on  Sec.  5469,  R.  S.,  for  stealing  mail-matter 
from  receiving-boxes,  and  for  stealing  the  mail. 

No.  409  (1). 

unlawfully  and  feloniously  did  steal  and  take  from 

and  out  of  a  certain  receiving-box  for  the     [§  5469,  R.  S.] 


1  This  is  a  direct  averment  and  not  a  recital.     See  U.  S.  v.  Bornemann,  36 
F.  R  257 ;  No.  6,  note  7.     But  see  U.  S.  v.  Hoeflinger,  33  F.  R  469. 


230  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

deposit  of  mail-matter,  the  same  then  and  there  being  an 
authorized  depository  for  mail-matter,  one  hundred  letters  and 
one  hundred  packets ;  against,  etc. 

No.  410  (2). 

unlawfully  and  feloniously  did  take  from  a  certain 

[§  5469,  R.  $.]  other  receiving-box  for  the  deposit  of  mail- 
matter,  the  same  then  and  there  being  an  authorized  deposi- 
tory for  mail-matter,  one  hundred  other  letters  and  one  hun- 
dred other  packages,  each  of  the  last-mentioned  letters  and 
packages  then  and  there  containing  an  article  of  value,  and 
the  same  letters  and  packages  then  and  there  unlawfully  and 
feloniously  did  open ;  against,  etc. 

No.  411  (3). 

unlawfully  and  feloniously  did  take  from  a  certain 

[§  5469,  R.  $.]  other  receiving-box  for  the  deposit  of  mail- 
matter,  the  same  then  and  there  being  an  authorized  deposi- 
tory for  mail-matter,  one  hundred  other  letters  and  one  hundred 
other  packages,  each  of  the  last-mentioned  letters  and  pack- 
ages then  and  there  containing  a  writing  representing  value, 
and  the  same  letters  and  packages  then  and  there  unlawfully 
and  feloniously  did  open  and  destroy ;  against,  etc. 

No.  412  (4). 

feloniously  did  take  from  a  certain  other  receiving- 

[§  5469,  R.  S.]     box  for  the  deposit  of  mail-matter,  the  same 
then  and  there  being  an  authorized  depository  for  mail-matter, 
a  certain  letter  then  and  there  directed  to  certain  persons  by 
the  name  and  style  of  Curtis  &  Son,  at  Portland,  in  the  state/ 
of  Maine,  and  containing  a  certain  writing  representing  value, 

to  wit,  a  certain  check  for  the  payment  of dollars,  and 

then  and  there,  to  wit,  at aforesaid,  in  the  district  afore- 
said, feloniously  did  open  the  same  letter,  so  containing  the 
said  writing  as  aforesaid;  against,  etc. 


POSTAL   CRIMES.  231 

No.  413  (5). 

feloniously  did  take  from  a  certain  other  receiving- 
box  for  the  deposit  of  mail-matter,  the  same  [§  5469,  R.  S.] 
then  and  there  being  an  authorized  depository  for  mail-matter, 
a  certain  letter  then  and  there  directed  to  certain  persons  by 

the  name  and  style  of  Mess.  Scott  &  Baker,  at ,  in  the 

state  of ,  and  containing  a  certain  draft  for  the  payment 

of  -    -  dollars,  and  of  the  value  of dollars,  and  then  and 

there,  to  wit,  at aforesaid,  in  the  district  aforesaid,  feloni- 
ously did  open  the  same  letter,  so  containing  the  said  draft 
as  aforesaid ;  against,  etc. 

No.  414  (6). 

—  feloniously  did  steal  the  mail  of  the  said  United  States ; 
against,  etc.  [§  5469,  R.  S.] 


Indictment,  on  Sec.  5469,  R.  S.,  for  taking  letters  from  a 
post-office,  one  containing  a  money-order,  and  opening 
and  embezzling  the  same  letters;  with  a  count  on  Sec. 
5421,  It.  S.,  for  making  and  forging  a  receipt  on  a 
money-order,  for  the  purpose  of  obtaining  a  sum  of 
money  from  an  officer  of  the  United  States,  and  with 
a  count  on  Sec.  5438,  R.  S.,  for  making  and  presenting 
a  false  claim  for  the  amount  of  a  money-order  to  a 
clerk  in  a  post-office. 

No.  415  (1). 

unlawfully  did  take  a  certain  letter  from  the  post- 
office  of  the  said  United  States  there,  and  open  and  embezzle 
the  said  letter,  the  same  then  and  there  con-  [§  5469,  R.  S.] 
taining  an  article  of  value ;  against,  etc. 


No.  416  (2). 

unlawfully  did  take  a  certain  letter  from  the  post- 
office  of  the  said  United  States  there,  to  wit,  a  certain  letter 
then  and  there  bearing  the  address  "Chicago  [§  5469,  R.  S.j 


FORMS   ADAPTED   TO    CRIMINAL   CASES. 

Corset  Co.,  Chicago,  Jll."  and  containing  a  certain  money-order 

for  the  sum  and  of  the  value  of ,  and  the  same  letter  then 

and  there  unlawfully  did  open  and  embezzle;  against,  etc. 

No.  417  (3). 

did  have  in  his  possession  a  certain  money-order  drawn 

by  a  postmaster  in  the  Dominion  of  Canada,  to  wit,  the  post- 
master at  Clinton,  in  British  Columbia,  in  that  dominion, 
upon  the  post-office  of  the  said  United  States  at  Chicago 
aforesaid,  and  of  the  tenor  following,  that  is  to  say  —  [set  out 
the  face  of  the  money-order,  omitting  the  signature  of  the  payee 
and  the  stamp  of  the  paying  office} ;  by  virtue  of  which  money- 
order  last  aforesaid  certain  persons  then  trading  under  the  style 
and  name  of  the  Chicago  Corset  Company,  upon  presenting  the 
same  money-order  at  the  said  post-office  at  Chicago  aforesaid, 
and  duly  signing  (in  and  by  that  name  and  style)  the  blank 
receipt  on  the  same  money-order,  would  be  entitled  to  receive 
the  amount  thereof  from  the  postmaster  of  the  said  United 
States  at  the  said  city  of  Chicago:  And  that  the  said  - 

— ,  so  having  in  his  possession  the  money-order  last  afore- 
said, then  and  there,  to  wit,  on  the  said day  of ,  in 

the  year  of  our  Lord  eighteen  hundred  and ,  at  Chicago 

aforesaid,  in  the  district  aforesaid,  for  the  purpose  of  obtaining 

and  receiving  from  one  — ,  then  postmaster  of  the  said 

United  States  at  that  city,  the  amount  of  the  same  money-order, 

to  wit,  the  sum  of ,  feloniously  did  falsely  make  and  forge 

a  certain  receipt  upon  the  same  money-order,  by  falsely  mak- 
ing and  forging  upon  the  same,  in  the  place  indicated  for  the 
signature  of  the  payee  thereof,  a  certain  signature  purport- 
ing to  be  the  signature  (in  and  by  tJie  said  style  and  name  of 
the  Chicago  Corset  Company)  of  the  said  persons  to  whom  the 
amount  of  the  same  money-order  was  so  payable  as  afore- 
said; the  tenor  of  which  said  forged  receipt,  so  by  the  said 

falsely  made  by  the  means  aforesaid,  is  as  follows, 

that  is  to  say,  "  Received  the  amount  of  the  above  order 
[Recu  le  montant  du  mandat  ci-dessus.]  Signature  Chicago 
Corset  Co."  And  so  the  grand  jurors  aforesaid,  upon  their 
oath  aforesaid,  do  say,  that  the  said  -  -  then  and  there, 

in  manner  and  form  aforesaid,  feloniously  did  falsely  make 


POSTAL    CRIMES.  233 

and  forge  a  receipt,  for  the  purpose  of  ob-  [§  5421,  R.  S.] 
taining  and  receiving  from  an  officer  of  the  said  United  States 
a  sum  of  money ;  against,  etc. 

No.  418  (4). 

did  make  and  present,  and  cause  to  be  made  and  pre- 
sented, to  one  D R.  L ,  then  and  there  being  a  person 

in  the  civil  service  of  the  said  United  States,  to  wit,  a  clerk  in 
the  post-office  of  the  said  United  States  at  Chicago  aforesaid, 
for  payment  by  him  as  such  clerk,  a  certain  claim  upon  and 
against  the  Post-Office  Department  of  the  said  United  States, 
that  is  to  say,  a  claim  for  the  amount  of  a  certain  money- 
order  drawn  by  the  postmaster  at  Clinton,  in  British  Colum- 
bia, in  the  Dominion  of  Canada,  upon  the  said  post-office  of 
the  said  United  States  at  Chicago,  aforesaid,  for  the  sum  of 

— ,  and  bearing  date  of  the day  of ,  in  the  same 

year  eighteen  hundred  and ;  the  same  money-order  being 

then  and  there,  to  wit,  at  the  time  and  place  of  the  making 
and  presenting  of  the  said  claim,  and  causing  the  same  to  be 
made  and  presented,  as  aforesaid,  a  money-order  properly  pay- 
able by  the  said  D R.  L ,  as  such  clerk,  to  the  Chicago 

Corset  Company,  an  association  of  persons  then  trading  under  that 
style  and  name')  which  said  claim  was  then  and  there  false,  ficti- 
tious and  fraudulent,  in  this,  that  the  said then  and 

there,  for  the  purpose  of  obtaining  payment  to  himself  of  the 
amount  of  the  money-order  last  aforesaid,  falsely  and  fraud- 
ulently did  pretend  and  hold  himself  out  then  and  there  to 
represent  and  act  for  the  said  Chicago  Corset  Company,  and  to 
be  a  person  to  whom  the  same  money-order  was  properly  pay- 
able, and  to  be  entitled  to  demand  and  receive  payment  of 
the  amount  thereof;  whereas  in  truth  and  in  fact  the  said 

then  and  there  did  not  represent  or  act  for  the  said 

Chicago  Corset  Company,  and  was  not  a  person  to  whom  the 
money-order  last  aforesaid  was  properly  payable,  and  was  not 
in  any  manner  entitled  or  authorized  to  demand  or  receive 

payment  of  the  amount  thereof;  he  the  said ,  at  the 

time  of  so  making  and  presenting  the  said  claim,  and  causing 
the  same  to  be  made  and  presented,  as  aforesaid,  there  well 
knowing  the  same  to  be  false,  fictitious  and  fraudulent  as 


234  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

aforesaid.     And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  on  the  said day 

of  -  — ,  in  the  year  of  our  Lord  eighteen  hundred  and  -  — , 
within  the  city  and  district  aforesaid,  in  manner  and  form 
[§  5438,  R.  S.]  aforesaid,  unlawfully  did  make  and  present, 
and  cause  to  be  made  and  presented,  to  a  person  in  the  civil 
service  of  the  said  United  States,  for  payment  by  that  person, 
a  claim  upon  and  against  a  department  of  the  government  of 
the  said  United  States,  which  said  claim  he  the  said  - 
then  and  there  knew  to  be  false,  fictitious  and  fraudulent; 
against,  etc. 


Indictment,  on  Sec.  5470,  R.  S.,  for  buying,  receiving  and 
concealing  postage-stamps  stolen  from  a  post-office; 
with  counts  on  Sees.  1  and  2  of  the  Act  of  Mar.  3, 1875, 
(1  Supp.  R.  S.,  2d  Ed.,  88,)  for  stealing  postage-stamps 
belonging  to  the  United  States,  and  having  the  same 
in  possession. 

No.  419  (1). 

-  feloniously  did  buy,  receive  and  conceal,  and  aid  in 
[§  5470,  R.  S.]  buying,  receiving  and  concealing,  divers,  to 
wit,  two  hundred  and  fifty-five  thousand,  United-States  postage- 
stamps,  in  the  whole  representing  and  amounting  to  a  large 
sum  of  money,  to  wit,  the  sum  of  four  thousand  dollars,  and 
of  the  value  oifour  thousand  dollars,  of  the  goods  and  prop- 
erty of  the  said  United  States,  which  said  postage-stamps  had 
then  lately  before  been  feloniously  stolen,  taken  and  carried 
away  from  and  out  of  the  post-office  of  the  said  United  States 

at ,  in  the  state  of ,  by  some  person  or  persons  to  the 

said  grand  jurors  as  yet  unknown;  — h —  the^said  - 
then  and  there,  to  wit,  at  the  time  and  place  of  so  buying,  re- 
ceiving and  concealing,  and  aiding  in  buying,  receiving  and 
concealing,  the  said  postage-stamps,  well  knowing  the  same 
to  have  been  feloniously  stolen,  taken  and  carried  away  from 
and  out  of  a  post-office  of  the  said  United  States;  against,  etc. 


POSTAL   CRIMES.  235 

No.  420  (2). 

feloniously  did  buy,  receive  and  conceal,  and  aid  in 

buying,  receiving  and  concealing,  divers  [§  5470,  R.  S.] 
postage-stamps,  (of  the  kinds  authorized  and  provided  by  the 
Post-Office  Department  of  the  said  United  States,)  that  is  to 
say,  one  hundred  and  thirty-nine  thousand  eight  hundred  post- 
age-stamps, each  of  the  denomination  and  value  of  one  cent,  one 
hundred  and  twelve  thousand  two  hundred  and  forty-two  post- 
age-stamps, each  of  the  denomination  and  value  of  two  cents, 
twelve  hundred  postage-stamps,  each  of  the  denomination  and 
value  of  ten  cents,  three  hundred  other  postage-stamps,  (called 
special-delivery  stamps?)  each  of  the  denomination  and  value  of 
ten  cents,  and  fifty-one  postage-stamps,  each  of  the  denomination 
and  value  of  fifteen  cents,  the  same  then  and  there  being 
stamps  and  property  of  the  said  United  States,  and  which 
then  lately  before  had  been  feloniously  stolen,  taken  and  car- 
ried away  from  and  out  of  a  United-States  post-office  and 

authorized  depository  for  mail-matter;  — h —  the  said  

-  then  and  there,  to  wit,  at  the  said  time  and  place  of  so 
buying,  receiving  and  concealing,  and  aiding  in  buying,  re- 
ceiving and  concealing,  the  postage-stamps  in  this  count  men- 
tioned, well  knowing  the  same  to  have  been  feloniously  stolen, 
taken  and  carried  away  from  and  out  of  a  post-office  and  au- 
thorized depository  for  mail-matter  as  aforesaid ;  against,  etc. 

No.  421  (3). 

at  the  city  of ,  in  the  state  of  Minnesota,  feloni- 
ously did  purloin,  steal,  take  [Sec.  1,  Act  Mar.  3,  1875.] 
and  carry  away  divers  postage-stamps,  (of  the  kinds  author- 
ized and  provided  by  the  Post-Office  Department  of  the  said 
United  States,)  that  is  to  say,  one  hundred  and  forty  thousand 
postage-stamps,  each  of  the  denomination  and  value  of  one 

cent, and  fifteen  hundred  postage-stamps,  each  of  the 

denomination  and  value  of  ten  cents,  of  the  goods  and  property 
of  the  said  United  States ;  and  that  the  said after- 
wards, to  wit,  on  the  day  of  ,  in  the  same  year, 

feloniously  did  carry  into  the  said  Northern  District  of  Illi- 
nois, and  there  have  in  — h —  possession,  the  said  postage- 
stamps,  so  by  — h —  feloniously  purloined,  stolen,  taken  and 
carried  away  as  aforesaid ;  against,  etc. 


236  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

No.  422  (4). 

at  some  place  to  the  said  grand  jurors  unknown,  felo- 

[Sec.  1,  Act  Mar.  3,  1875.]     niously  did  purloin,  steal,  take 

and  carry  away,  and  afterwards,  to  wit,  on  the day  of 

,  in  the  same  year,  feloniously  did  carry  into  the  said 

Northern  District  of  Illinois,  and  there  have  in  — h —  posses- 
sion, divers  postage-stamps,  (of  the  kinds  authorized  and  pro- 
vided by  the  Post-Office  Department  of  the  said  United  States,) 
in  the  whole  representing  and  amounting  to  a  large  sum  of 
money,  to  wit,  the  sum  of  four  thousand  dollars,  and  of  the 
value  of  four  thousand  dollars,  of  the  goods  and  property  of 
the  said  United  States;  against,  etc. 

No.  423  (5). 

feloniously  did  conceal,  have,  and  retain  in  — h —  pos- 

[Sec.  2,  Act  Mar.  3,  1875.]  session,  with  intent  to  convert 
to  — h —  own  use,  divers,  to  wit,  two  hundred  and  fifty-Jive 
thousand,  United-States  postage-stamps,  in  the  whole  repre- 
senting and  amounting  to  a  large  sum  of  money,  to  wit,  the 
sum  of  four  thousand  dollars,  and  of  the  value  of  four  thousand 
dollars,  of  the  goods  and  property  of  the  said  United  States, 
which  postage-stamps  last  aforesaid  had  theretofore  been  felo- 
niously stolen,  taken,  carried  away  and  purloined  from  the 
said  United  States  by  some  other  person  or  persons  to  the  said 

grand  jurors  as  yet  unknown ;  — h —  the  said then  and 

there  well  knowing  the  same  postage-stamps  to  have  been  so 
feloniously  stolen,  taken,  carried  away  and  purloined  as  afore- 
said ;  against,  etc. 

No.  424  (6). 

-  feloniously  did  conceal,  have,  and  retain  in  — h —  pos- 
[Sec.  2,  Act  Mar.  3,  1875.]  session,  with  intent  to  convert 
to  — h —  own  use,  divers  postage-stamps,  (of  the  kinds  author- 
ized and  provided  by  the  Post-Office  Department  of  the  said 
United  States,)  that  is  to  say,  one  hundred  and  forty  thousand 
postage-stamps,  each  of  the  denomination  and  value  of  one 
cent,  &nd  fifteen  hundred  postage-stamps,  each  of  the  denomi- 
nation and  value  of  ten  cents,  of  the  goods  and  property  of  the 
said  United  States  then  and  there  being,  all  which  postage- 


POSTAL   CRIMES.  237 

stamps  in  this  count  mentioned  had  theretofore  been  feloni- 
ously stolen,  taken,  carried  away  and  purloined  from  the  said 
United  States  by  one and  some  other  person  or  per- 
sons to  the  said  grand  jurors  as  yet  unknown ;  — h —  the  said 
—  then  and  there  well  knowing  the  same  postage- 
stamps  to  have  been  feloniously  stolen,  taken,  carried  away 
and  purloined  from  the  said  United  States  as  aforesaid ; 
against,  etc. 


Complaint,  on  Sec.  5470,  R.  S.,  for  receiving  and  concealing 
postage-stamps  stolen  from  a  post-office. 

No.  425. 

—  feloniousty  did  receive  and  conceal,  and  aid  in  receiving 
and  concealing,  a  large  number  of  United-  [§  5470,  R.  S.] 
States  postage-stamps,  that  is  to  say,  postage-stamps  to  the 
amount  and  value  of  about  four  thousand  dollars,  and  of  the 
denominations  of  one  cent,  two  cents,  four  cents,  five  cents, 
ten  cents,  fifteen  cents  and  thirty  cents  respectively,  of  the 
stamps  and  property  of  the  said  United  States,  which  said 
postage-stamps  had  then  lately  before  been  feloniously  stolen, 
taken  and  carried  away  from  and  out  of  a  post-office  of  the 
said  United  States,  or  other  authorized  depository  for  mail- 
matter;  — h —  the  said ,  at  the  time  of  so  receiving 

and  concealing  the  said  postage-stamps,  and  aiding  in  receiving 
and  concealing  the  same,  well  knowing  the  same  to  have  been 
so  feloniously  stolen,  taken  and  carried  away  as  aforesaid ; 
contrary,  etc. 


Indictment,  on  Sec.  5478,  R.  S.,  for  breaking  into  a  build- 
ing used  in  part  as  a  post-office,  with  intent  in  that 
part  to  commit  larceny;  with  a  count  on  Sec.  5477, 
R.  S.,  for  stealing  keys  suited  to  locks  on  mail-bags. 

No.  426  (1). 

feloniously  did  forcibly  break  into  a  certain  building 

then  and  there  used  in  part  as  a  post-office     [§  5478,  R.  S.] 
of  the  said  United  States,  with  intent  then  and  there  of  — h — 


238  FORMS    ADAPTED   TO   CRIMINAL    CASES. 

the  said — ,  in  the  part l  of  the  said  building  so  used 

as  a  post-office  of  the  said  United  States  as  aforesaid,  to  com- 
mit larceny ;  against,  etc. 

No.  427  (2). 

feloniously  did  steal  and  purloin  three  keys  then  suited 

[§  5477,  R.  S.]  to  certain  locks  before  that  time  and  then 
adopted  by  the  Post-Office  Department  of  the  said  United 
States,  and  then  in  use  on  certain  of  the  mails  and  bags 
thereof;  against,  etc. 

No.  428  (3). 
feloniously  did  forcibly  break  into  a  certain  building 


[§  5478,  R.  S.]    then  and  there  used  in  part  as  a  post-office 
of   the   said  United  States,  with   intent   of  — h —  the   said 

the  goods,  chattels,  property  and  moneys  of  one  l 

— ,  in  the  part  of  same  building,  so  used  as  a  post- 
office  as  aforesaid,  then  being,  then  and  there  feloniously  to 
steal,  take  and  carry  away ;  against,  etc. 


Indictment,  on  Sec.  5478,  R.  S.,  for  breaking  into  a  post- 
office  with  intent  to  steal  property  of  the  United  States 
and  other  property  therein. 

No.  429  (1). 

-  feloniously  did  forcibly  break  into  a  post-office,  to  wit, 
[§  5478,  R.  S.]  the  post-office  of  the  said  United  States  at 
-  aforesaid,  with  intent  the  moneys,  postage-stamps,  goods 
and  chattels  of  the  said  United  States,  in  the  said  post-office 
then  being,  then  and  there  feloniously  to  steal,  take  and  carry 
away ;  against,  etc. 

No.  430  (2). 


at  aforesaid,  in  the  district  aforesaid,  a  certain 

building  there  situate,  and  then  used  in  part  as  a  post-office 
of  the  said  United  States,  feloniously  did  forcibly  break  into 
[§  5478,  R.  S.]  and  enter,  with  intent  the  moneys,  postage- 

i  See  U.  8.  v.  Campbell,  16  F.  R  283 ;  U.  S.  v.  Williams,  57  Id.  201. 


POSTAL   CRIMES.  239 

stamps,  goods  and  chattels  of  the  said  United  States,  in  the 
said  building  then  being,  and  the  moneys,  goods  and  chattels 
of  one  -  — ,  in  said  building  then  being,  then  and  there 

feloniously  to  steal,  take  and  carry  away ;  against,  etc. 

No.  431  (3). 

feloniously  and  forcibly  did  break  into  a  certain  post- 
office,  to  wit,  the  post-office  of  the  said  United  States  at 

aforesaid,  with  intent  then  and  there,  in  the  [§  5478,  R.  S.] 
said  post-office,  the  goods,  chattels,  moneys  and  property  of 
the  said  United  States,  in  the  said  post-office  then  being,  and 
the  goods,  chattels,  moneys  and  property  of  one  -  — ,  in 

the  said  post-office  then  being,  feloniously  to  steal,  take  and 
carry  away,  and  divers  letters,  in  the  said  post-office  then 
being,  from  the  said  post-office  feloniously  to  steal  and  take ; 
against,  etc. 

Indictment,  on  Sec.  5479, 11.  S.,  against  two;  one  for  forg- 
ing an  affidavit  and  a  bond  for  the  purpose  of  defrauding 
the  United  States,  and  the  other  for  procuring  and  aid- 
ing this  to  be  done ;  and  against  both  for  uttering  and 
publishing  the  same  affidavit  and  bond  for  a  like  pur- 
pose;  with  a  count  on  Sec.  3451,  R.  S.,  against  two; 
one  for  falsely  executing  documents  required  by  in- 
ternal-revenue laws ;  and  the  other  for*  aiding  in  and 
conniving  at  such  acts. 

No.  432  (1). 

present,  that  M—   -  P ,  late  of,  etc.,  in,  etc.,  on, 

etc.,  in  the  year,  etc.,  at  -  -  aforesaid,  in  the  district  afore- 
said, for  the  purpose  of  defrauding  the  said  [§  5479,  R.  S,] 
United  States,  feloniously  did  falsely  make  and  forge  a  certain 
affidavit  and  writing,1  of  the  tenor  following,  to  wit  —  [set  out 
the  forged  affidavit,  say  of  surety  on  a  cigar  manufacturer 's 

bond;']  against,  etc. :  And  that  L —  -  C ,  late  of  the  same 

city,  on  the  day  and  year  aforesaid,  in  the  city  and  district 
aforesaid,  for  the  like  purpose  of  defrauding  [§  5479,  R.  S.] 
the  said  United  States,  feloniously  did  cause  and  procure  the 

iNot  double.     See  U.  S.  v.  Corbin,  11  F.  R  238;  No.  6,  note  10. 


240  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

said  affidavit  and  writing  to  be  so  falsely  made  and  forged  by 

the  same  M P ,  and  willingly  aid  and  assist  him  in 

so  falsely  making  and  forging  the  same ;  against,  etc. 

No.  433  (2). 

further  present,  that  the  said  M P and  L— 

C-  — ,  on  the  said  -    —  day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and  ,  at  aforesaid,  in  the  district 

aforesaid,  for  the  purpose  of  defrauding  the  said  United  States,1 
[§  5479,  R.  S.]  feloniously  did  utter2  and  publish  as  true,  and 
cause  to  be  uttered  and  published  as  true,  a  certain  false  and 
forged  affidavit  and  writing,  of  the  tenor  following,  to  wit,— 

[set  out  the  same  forged  affidavit;']  they  the  said  M—    -  P 

and  L —  -  C then  and  there,  to  wit,  at  the  time  and  place 

of  so  uttering  and  publishing  as  true,  and  causing  to  be  ut- 
tered and  published  as  true,  the  false  and  forged  affidavit  and 
writing  last  aforesaid,  well  knowing  the  same  to  be  false  and 
forged ;  against,  etc. 

(Draw  like  counts  for  forging,  and  uttering  a  forged,  cigar- 
manufacturer's  bond,  calling  it  a  " bond  and  writing") 

No.  434  (5). 

further  present,  that  the  said  M P ,  on  the 

said day  of ,  in  the  year,  etc.,  at,  etc.,  in,  etc.,  unlaw- 
fully did  falsely  and  fraudulently  execute  and  sign,  under  and 

[§  3451;  R.  S.]     by  the  false  and  assumed  name  of  J 

M ,  a  certain  affidavit  and  a  certain  bond,  the  same  then 

and  there  being  respectively  documents  required  by  the  pro- 
visions of  the  internal-revenue  laws  of  the  said  United  States, 
and  by  regulations  duly  made  in  pursuance  thereof;  which 
affidavit  and  bond  last  aforesaid  are  respectively  of  the  tenor 
following,  to  wit, —  [set  out  tlie  affidavit  and  bond  as  informer 
counts;]  against,  etc. :  And  that  the  said  L—  -  C—  -  then 
and  there,  to  wit,  on  the  day  and  year  aforesaid,  within  the 
city  and  district  aforesaid,  unlawfully  did  procure  the  affidavit 
[§  3451^  R.  S.]  and  bond  last  aforesaid  to  be  so  falsely  and 
fraudulently  executed  and  signed  by  the  said  M P , 

1  See  No.  334,  note  1 ;  No.  336,  note  1 ;  No.  338,  note  1. 

2  See  No.  231,  note  3. 


POSTAL   CRIMES.  241 

and  did  advise,  aid  in  and  connive  at  such  false  and  fraudulent 

execution  and  signing  of  the  same  by  him  the  said  M 

P as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed., 
694,)  for  using  the  mails  in  execution  of  a  scheme  to 
defraud  by  obtaining  money  of  a  person  named  to  pay 
charges  upon  certain  goods  pretended  to  exist  and  to 
be  consigned  to  that  person. 

No.  435. 

had  devised  a  scheme  and  artifice  to  defraud  one  M.  E. 

Ackerman,  to  be  effected  by  opening  correspondence  and 
communication  with  her  the  said  M.  E.  Ackerman,  then  resi- 
dent within  the  said  United  States,  to  wit,  at  Ackley,  in  the 
state  of  Iowa,  by  means  of  the  Post-Office  Establishment  of 
the  said  United  States,  that  is  to  say,  a  certain  scheme  and 
artifice  to  defraud  the  said  M.  E.  Ackerman  of  her  moneys 
by  sending  to  her,  through  and  by  means  of  the  said  Post- 
Office  Establishment,  a  letter,  in  the  form  of  a  notice,  falsely 
and  fraudulently  representing  and  stating  to  the  effect  that 
George  T.  Morse,  assignee  of  Boyd  &  Wilmer,  would  sell  at 
public  vendue,  on  Tuesday  the  second  day  of  November,  in 
the  year  aforesaid,  at  their  warehouse  on  South  Water  Street, 
in  Chicago  aforesaid,  one  case  of  millinery-goods,  consigned 
to  the  said  M.  E.  Ackerman,  if  certain  charges  and  demands 
upon  and  against  the  same,  to  the  amount  of  three  dollars 
and  fifty  cents,  should  not  be  paid  on  or  before  that  day,  and 
fraudulently  directing  the  said  M.  E.  Ackerman  to  the  effect 
that  she  should  return  the  said  letter,  with  the  amount  of 
money  aforesaid,  to  George  T.  Morse,  assignee :  And  the  said 

,  so  having  devised  the  said  scheme  and  artifice, 

then  and  there,  to  wit,  at  the  time  and  place  first  afore- 
said, in  and  for  executing  the  same  scheme  and  artifice,  and 
attempting  so  to  do,  did  place  in  the  post-office  of  the  said 
United  States  at  Chicago  aforesaid,  to  be  sent  and  deliv- 
ered by  the  said  Post-Office  Establishment,  a  certain  letter,  in 
the  form  of  a  notice,  containing  in  substance  the  false  and 
fraudulent  representation,  statement  and  direction  aforesaid, 
16 


242  FORMS   ADAPTED   TO  CRIMINAL   CASES. 

and  addressed  to  the  said  M.  E.  Ackcrman,  at  Ackley  afore- 
said ;  whereas  in  truth  and  in  fact  there  was  not  then  and 
there,  to  wit,  at  the  time  of  the  placing  of  the  said  letter  in 
the  said  post-office  as  aforesaid,  at  Chicago  aforesaid,  any  case 
of  millinery-goods,  consigned  to  the  said  M.  E.  Ackerman,  in 
the  hands  or  under  the  control  of,  or  to  he  sold  by,  any  per- 
son named  George  T.  Morse,  as  he  the  said then  and 

there  well  knew;  and  whereas  in  fact  it  was  not  then  and 
there  true  that  any  person  named  George  T.  Morse  would 
sell  at  public  ve*ndue  any  case  of  millinery -goods  consigned  to 
the  said  M.  E.  Ackerman,  in  manner  and  form  as  by  the  said 

letter  was  pretended,  as  he  the  said then  and  there 

well  knew.     And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said ,  through  and 

by  the  use  and  means  of  the  Post-Office  Establishment  of  the 
said  United  States,  in  manner  and  form  aforesaid,  unlawfully 
[§  5480,  R.  S.,  as  am.]  did  attempt  to  defraud  the  said  M.  E. 
Ackerman  of  her  moneys ;  against,  etc. 


Indictment,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  694,) 
for  mailing  a  letter  in  execution  of  a  scheme  to  de- 
fraud by  offering  to  hire  agents  for  a  fictitious  detect- 
ive association,  and  converting  money  obtained  thereby ; 
and  for  taking  and  receiving  letters  from  a  post-office 
for  the  same  purpose. 

No.  436  (1). 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  before  and  at  the  several  times  of  the  commit- 
ting of  the  several  offenses  hereinafter  mentioned,  at  - 
aforesaid,  in  the  district  aforesaid,  had  devised  a  scheme  and 
artifice  to  defraud  divers  other  persons,  by  offering  to  make 
those  persons  agents  respectively,  for  profit  and  reward,  of  a 
pretended  association  or  concern  under  the  name  of  the  West- 
ern Detective  and  Collection  Association,  and  by  inducing  them 
to  send  and  pay  their  moneys  respectively  to  the  said  — 
for  the  purpose  of  becoming  such  agents  and  for  badges  and 

papers  attesting  such  agency ;  — h —  the  said thereby 

intending  merely  to  obtain  and  get  possession  of  such  moneys 


POSTAL   CRIMES.  243 

as  should  be  so  sent  and  paid  to  — h — ,  and  to  convert  the 
same  to  — h —  own  use,  without  rendering  anything  of  value 
therefor,  and  to  defraud  thereof  the  several  persons  who  should 
so  send  and  pay  the  same;  which  said  scheme  and  artifice  was 
to  be  effected l  by  opening  correspondence  and  communica- 
tion, by  means  of  the  Post-Qffice  Establishment  of  the  said 
United  States,  with  the  several  persons  so  intended  to  be  de- 
frauded, and  by  inciting  those  persons  respectively  to  open  com- 
munication with  — h —  the  said by  means  of  the  said 

Post-Office  Establishment:  And  that  the  said ,  on  the 

—  day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

,  at aforesaid,  in  the  district  aforesaid,  so  having  de- 
vised the  said  scheme  and  artifice  to  defraud,  in  and  for  exe- 
cuting the  same,  and  attempting  so  to  do,  unlawfully  did  place 
in  the  post-office  of  the  said  United  States  there,  to  be  sent 
and  delivered  by  the  said  Post-Office  [§  5480,  R.  S.,  as  am.] 
Establishment,  a  letter  and  packet,2  to  wit,  a  certain  letter  and 
packet  directed  to  one8 ,  at , ;  against,  etc. 

No.  43Y  (2). 

so  having  devised  the  said4  scheme  and  artifice  to  de- 
fraud, in  and  for  executing  the  same,  and  attempting  so  to 
do,  unlawfully  did  take  and  receive  from  the  post-office  of 
the  said  United  States  there  a  letter  [§  5480,  R.  S.,  as  am.] 

i  See  U.  S.  v.  Smith,  45  F.  R  561. 

2 Not  double.  See  U.  S.  v.  Corbin,  11  F.  R  238,  ("writing  and  affidavit") ; 
No.  6,  note  16. 

3  As- bearing  upon  the  question  whether  the  letter  need  be  set  out  in  the 
indictment,  see  Bates  v.  U.  S.,  10  F.  R  92,  and  No.  453,  note,  page  260 ;  and 
Nos.  287,  note,  and  303,  note. 

4  It  is  the  constant  practice  in  criminal  pleading,  in  one  count  of  an  in- 
dictment to  refer  to  matters  in  a  previous  count,  and  it  has  been  decided 
that  this  is  proper,  and  that  where  the  first  count  of  an  indictment  is  bad, 
a  subsequent  count  may  be  sustained,  even  though  it  refer  to  the  first  count 
for  some  allegations,  and  without  repeating  them.     The  People  v.  Graves, 
5  Parker  Cr.  C.  134,  citing  Wharton  Cr.  L.  154,  and  1  Chitty  Cr.  L.  250. 

The  case  of  State  v.  Longley,  10  Ind.  484,  cited  by  Mr.  Justice  Field  in 
U.  S.  v.  Reichert,  32  F.  R  142,  is  not  thought  to  be  in  conflict  with  the  above. 

It  is  suggested,  however,  that  if  time  permits,  the  pleader  should,  to  save 
all  question,  describe  the  scheme  fully  in  each  count  See  U.  S.  v.  Jolly,  37 
F.  R  108. 


244  FORMS    ADAPTED    TO   CRIMINAL    CASES. 

and  packet,  to  wit,  a  certain  letter  and  packet  sent  by  mail 

from , ,  by  one ,  and  directed  to  the  said 

,  at aforesaid  ;  against,  etc. 

No.  438  (3).1 

so  having  devised  the  said  scheme  and  artifice  to  de- 
fraud, in  and  for  executing  the  same,  and  attempting  so  to 
do,  unlawfully  did  take  and  receive  from  the  post-office  of 
[§  5480,  R.  S.,  as  am.]  the  said  United  States  there  a  letter 
and  packet,  to  wit,  a  certain  letter  and  packet  sent  by  mail 

from  , ,  and  directed  to  the  Western  Detective  and 

Collection  Association,  at aforesaid ;  against,  etc. 


Indictment,  on  Sec,  5480,  B.  S.,  (1  Supp.  B.  S.,  2d  Ed., 
694,)  for  mailing  a  letter  in  execution  of  a  scheme  to 
defraud  by  obtaining  postage-stamps  on  a  pretense  of 
a  desire  to  buy  such  articles  (for  stamp-album,)  and 
converting  the  same;  and  for  taking  letters  from  a 
post-office  for  the  same  purpose. 

No.  439  (1). 

present,  that  "W C.  G ,  late  of  the  city  of  -  — , 

in  the  said  district,  before  and  at  the  several  times  of  the  com- 
mitting of  the  several  offenses  hereinafter  mentioned,  at 

aforesaid,  in  the  district  aforesaid,  had  devised  a  scheme  and 
artifice  to  defraud  divers  other  persons,  by  inducing  those  per- 
Bons  respectively  to  send  to  him  divers  postage-stamps,  both 
domestic  and  foreign,  canceled  and  uncanceled,  (the  same 
being  articles  of  value,)  under  the  pretense  on  his  part  that 
he  would  buy  and  pay  for  the  same,  but  intending  thereby  to 
get  possession  of  such  postage-stamps  as  should  be  so  sent  to 

him  the  said  "W C.  G ,  and  fraudulently  to  convert 

the  same  to  his  own  use,  and  to  defraud  thereof  the  several 
persons  who  should  so  send  the  same ;  which  said  scheme  and 
artifice  was  to  be  effected  by  opening  correspondence  and 
communication,  (under  divers  false  and  assumed  names  and 


1  Under  this  section  three  separate  offenses,  committed  in  the  same  sis 
months  may  be  joined,  but  no  more.  In  re  Henry,vl93  U.  S.  372.  See  post 
page  261. 


POSTAL    CRIMES.  245 

designations,)  by  means  of  the  Post-Office  Establishment  of 
the  said  United  States,  with  the  several  persons  so  intended 
to  be  defrauded,  and  by  inciting  those  persons  to  open  com- 
munication with  him  the  said  W C.  G—  -  by  means  of 

the  said  Post-Office  Establishment.  And  the  grand  jurors 
aforesaid,  upon  their  oath  aforesaid,  do  further l  present,  that 

the  said  "W C.  G ,  on  the day  of ,  in  the  year 

of  our  Lord  eighteen  hundred  and ,  at aforesaid,  in 

the  district  aforesaid,  so  having  devised  the  said  scheme  and 
artifice,  in  and  for  executing  the  same,  and  attempting  so  to 
do,  unlawfully  did  place  in  the  post-  [§  5480,  R.  S.,  as  am.] 
office  of  the  said  United  States  there,  to  be  sent  and  delivered 
by  the  said  post-office  establishment,  a  certain  letter,  to  wit,  a 
letter  directed  to  E.  B.  Sterling ',  at  Trenton,  New- Jersey; 
against,  etc. 

No.  440  (2). 

so  having  devised  the  said  scheme  and  artifice  to  de- 
fraud, in  and  for  executing  the  same,  and  attempting  so  to  do, 
unlawfully  did  take  and  receive  from  [§  5480,  R.  S.,  as  am.] 
the  post-office  of  the  said  United  States  there  certain  letters 
and  packets,  to  wit,  three'2'  letters  and  packets  directed  to 

O.  M.  Crum  [assumed  name  of  defendant,]  at aforesaid, 

and  then  latehr  before  sent  by  mail  from  Baltimore,  Mary- 
land, by  one  William  B.  Wirt;  against,  etc. 

Indictment,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  694,) 
for  mailing  letters  in  execution  of  a  scheme  to  defraud 
by  obtaining  and  converting  postage-stamps  sent  with 
replies  to  an  advertisement  of  money  to  loan ;  and  for 
taking  letters  from  a  post-office  for  the  same  purpose. 

No.  441  (1). 

—  present,  that  G L.  R ,  late  of  the  city  of  Chi- 
cago, in  the  said  district,  before  and  at  the  several  times  of  the 

1  See  No.  6,  note  14 

'-'  It,  is  assumed  that  the  taking  of  three  letters  out  of  the  post-office  at  one 
time  "consists  of  a  single  isolated  act"  (In  re  Henry,  123  U.  S.  372;)  and 
that,  therefore,  one  offense  only  is  charged  in  this  count. 

See,  also,  U.  S.  v.  Patty,  2  F.  R.  664,  686 ;  U.  S.  v.  Fero,  18  Id.  901 ;  and 
post,  page  261. 


246  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

committing  of  the  several  offenses  hereinafter  mentioned,  at 
Chicago  aforesaid,  in  the  district  aforesaid,  had  devised  a 
scheme  and  artifice  to  defraud  divers  other  persons,  by  caus- 
ing to  be  published  (in  and  under  the  false  and  assumed  name 

and  designation  of  C —  -  M.  W )  in  divers  public  prints 

divers  advertisements,  to  the  effect  following,  that  is  to  say, — 

MONEY  TO  LOAN. 

Money  to  loan  on  long  or  short  time  at  a  very  low  rate  of  interest  Ail 
kinds  of  security,  real  estate,  personal,  collateral,  chattel  mortgages,  etc., 
accepted.  Mortgages  bought  and  sold  on  liberal  terms.  To  inventors : 
Money  advanced  to  develop  or  patent  useful  inventions  and  to  introduce  and 
sell  them.  Patents  bought  outright  or  sold  on  commission.  Terms  very 
liberal  and  facilities  of  the  best  Enclose  6  cts.  in  stamps  and  address  at 
once  C M.  W ,  Chicago,  Illinois. — 

he  the  said  G L.  R ,  when  so  causing  to  be  published 

the  said  advertisements,  and  committing  the  offenses  herein- 
after mentioned,  not  expecting  or  intending  to  loan  money, 
or  to  accept  securities,  or  to  buy  or  sell  mortgages,  or  to  ad- 
vance money  to  inventors,  or  to  buy  or  sell  patents,  as  in  and 
by  the  said  advertisements  was  pretended,  but  purposing 
thereby  to  induce  divers  persons  to  send  respectively  divers 
sums  of  six  cents  in  postage-stamps  to  him  the  said  G—  -  L. 
R ,  (by  and  under  the  false  and  assumed  name  and  desig- 
nation aforesaid,)  and  intending  to  defraud  those  persons  of 
such  sums  in  postage-stamps  as  they  should  so  send  to  him; 
which  said  scheme  and  artifice  was  one  to  be  effected  by  open- 
ing correspondence  and  communication,  by  means  of  the 
Post-Office  Establishment  of  the  said  United  States,  with  the 
divers  persons  so  intended  to  be  defrauded,  and  by  inciting 
those  persons  to  open  communication  with  him  the  said 
G—  -  L.  R by  means  of  the  said  Post-Office  Establish- 
ment. And  the  grand  jurors  aforesaid,  upon  their  oath  afore- 
said, do  further  present,  that  the  said  G L.  R ,  on  the 

-  day  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  at  Chicago  aforesaid,  in  the  district  aforesaid,  so 

having  devised  the  said  scheme  and  artifice,  in  and  for  execut- 
ing the  same,  and  attempting  so  to  do,  unlawfully  did  place 
in  the  post-office  of  the  said  United  States  at  Chicago  afore- 
[§  5480,  R.  8.,  as  am.]  said,  to  be  sent  and  delivered  by  the 
said  Post  Office  Establishment,  divers  letters  and  packets,  to 


POSTAL   CBIMES.  2i7 

wit,  twenty  letters  and  packets,  directed  respectively  to  divers 
persons  and  addresses  to  the  said  grand  jurors  unknown; 
against,  etc. 

No.  442  (2). 

so  having  devised  the  said  scheme  and  artifice  to  de- 
fraud, in  and  for  executing  the  same,  and  attempting  so  to  do, 
unlawfully  did  take  and  receive  from  [§  5480,  R.  S.,  as  am.] 
the  post-office  of  the  said  United  States  at  Chicago  aforesaid 
divers  letters  and  packets,  to  wit,  twenty  letters  and  packets, 
directed  respectively  to  C M.  W ,  at  Chicago  afore- 
said; against,  etc. 

No.  443  (3). 


so  having  devised  the  said  scheme  and  artifice  to  de- 
fraud as  aforesaid,  in  and  for  executing  the  same,  and  attempt- 
ing so  to  do,  unlawfully  did  place  in  the  post-office  of  the  said 
United  States  at  Chicago  aforesaid,  [§  5480,  R.  S.,  as  am.] 
to  be  sent  and  delivered  by  the  said  Post-Office  Establishment, 
a  certain  letter,  to  wit,  a  letter  directed  to  a  certain  newspaper- 
concern  called  the  American  Israelite,  at  Cincinnati,  Ohio; 
against,  etc. 


Indictment,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  694,) 
for  using  the  mails  in  execution  of  a  scheme  to  defraud 
by  advertising  to  sell  Waterbury  watches  while  intend- 
ing to  furnish  toy  watches. 

No.  444  (1). 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  before  and  at  the  several  times  of  the  committing 

of  the  several  offenses  hereinafter  mentioned,  at aforesaid, 

in  the  district  aforesaid,  had  devised  a  scheme  and  artifice  to 
defraud  divers  other  persons,  by  causing  to  be  published  in 
divers  public  prints  divers  advertisements,  to  the  effect  fol- 
lowing, that  is  to  say —  [insert  copy  of  advertisement]  ;  — h — 

the  said thereby  meaning  and  intending  to  cause  it 

to  be  believed  by  the  public  that  the  article  in  the  said  ad- 
vertisements offered  as  the  Waterbury  timekeeper  was  a  genu- 


248  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

ine  watch  of  the  kind  called  the  "NVaterbury  watch,  (which 
before  and  at  the  time  of  the  devising  of  the  said  scheme 
and  artifice  was,  and  still  is,  a  well-known  and  valuable  article 
of  trade  and  use,  under  the  name  of  the  Waterbury  watch,  in 
the  several  states  of  this  Union,)  and  thereby  to  induce  divers 

persons  to  send  their  moneys  to  — h —  the  said — ,  (by 

and  under  the  name  and  style  of  the  Leisure  Publishing  Com- 
pany',)  in  accordance  with  the  said  advertisements;  whereas 

in  fact  the  article  which  the  said -  intended  to  and 

would  send,  if  indeed  — h —  intended  to  or  would  send  any- 
thing, to  the  several  persons  who  should  so  send  their  moneys 
to  — h —  the  said  -  — ,  was  not  a  genuine  Waterbury 

watch,  nor  was  a  watch  of  any  kind,  but  was  a  trifling  and 
useless  toy ;  which  said  scheme  and  artifice  was  to  be  effected 
by  opening  correspondence  and  communication,  by  means  of 
the  Post-Office  Establishment  of  the  said  United  States,  with 
the  divers  persons  so  intended  to  be  defrauded,  and  by  incit- 
ing those  persons  to  open  communication  with  — h —  the  said 

by  means  of  the  said  Post-Office  Establishment. 

And  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do 

further  present,  that  the  said ,  on  the  -    -  day  of 

— ,  in  the  year  of  our  Lord  eighteen  hundred  and  -  — ,  at 

-  aforesaid,  in  the  district  aforesaid,  so  having  devised  the 
said  scheme  and  artifice,  in  and  for  executing  the  same,  and 
[§  5480,  R.  S.,  as  am.]     attempting  so  to  do,  unlawfully,  etc., 
[as  above] ;  against,  etc. 

No.  445  (2). 

—  so 'having  devised  the  scheme  and  artifice  aforesaid,1  in 
and  for  executing  the  same,  and  attempting  so  to  do,  unlaw- 
fully did  take  and  receive  from  the  post-office  of  the  said 
[§  5480,  R.  S.,  as  am.]  United  States  at-  -  aforesaid  divers 
letters  and  packets,  to  wit,  twenty  letters  and  packets,  di- 
rected respectively  to  the  Leisure  Publishing  Company,  at 

-  aforesaid  ;  against,  etc. 

i  See  No.  437,  note  4. 


POSTAL   CRIMES.  249 

Indictment,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed., 
694,)  for  using  the  mails  in  execution  of  a  scheme  to 
defraud  by  converting  money  sent  by  divers  persons  to 
defendant,  as  a  grain  commission-merchant,  for  invest- 
ment; with  a  count  on  Sec.  2  of  the  Act  of  Mar.  2, 
1889,  (1  Supp.  R.  S.,  2d  Ed.,  695,)  for  taking  a  letter 
from  a  post-office,  addressed  to  defendant  by  an  as- 
sumed name,  in  conducting  a  like  scheme. 

No.  446  (1). 

-  pretending,  under  the  style  and  name  of  W.  T.  S 

&  Company,  to  be  carrying  on  the  business  of  a  grain  com- 
mission-merchant there,  had  devised  a  scheme  and  artifice  to 
induce  and  procure  the  sending  and  intrusting  of  moneys  to 
Mm  (under  that  style  and  name)  by  divers  other  persons  for 
investment  and  employment  thereof  in  trade  and  commerce 
for  the  use  and  benefit  of  the  several  persons  who  should  so 
send  and  intrust  such  moneys,  and  the  same  moneys  fraudu- 
lently to  convert  to  the  own  use  of  him  the  said  —  — , 
and  thereby  to  defraud  the  several  persons  who  should  so 
send  and  intrust  the  same;  which  said  scheme  and  artifice 
was  to  be  eifected  by  opening  correspondence  and  communi- 
cation with  those  persons  by  means  of  the  Post-Office  Estab- 
lishment of  the  said  United  States,  and  bv  inciting  them  to 

7  tf  O 

open  communication  with  him  the  said by  means  of 

the  said  Post-Office  Establishment :  And  that  the  said 

-  then  and  there,  so  having  devised  the  said  scheme  and 
artifice  to  defraud,  in  and  for  executing  the  same,  and  at- 
tempting so  to  do,  unlawfully,  etc.,  [as  in  No.  4-36,  or  in  No. 
437] ;  against,  etc.  [§  5480,  R.  S.,  as  am.] 

No.  447  (2). 


pretending  to  be  W.  T.  S &  Company,  and  as  such 

to  be  carrying  on  the  business  of  grain  commission-merchants 
in  that  city,  had  devised  a  scheme  and  artifice  to  induce  and 
procure  the  sending  and  intrusting  of  moneys  to  him  by  di- 
vers other  persons,  for  investment  and  employment  thereof 
by  the  pretended  house  of  W.  T.  S &  Company  afore- 
said, as  such  commission-merchants,  for  the  use  and  benefit 


250  FORMS    ADAPTED   TO   CRIMINAL    CASES. 

of  the  several  persons  who  should  so  send  and  intrust  such 
moneys,  and  the  same  moneys  fraudulently  to  convert  to  the 

own  use  of  him  the  said ,  and  thereby  to  defraud 

the  several  persons  who  should  so  send  and  intrust  the  same ; 
[§  5480,  B.  S.,  as  am.]  which  last-mentioned  scheme  and 
artifice  to  defraud  was  to  be  effected  by,  etc. ;  against,  etc. 

No.  448  (3). 

pretending,  under  the  fictitious,  false   and  assumed 

name  of  W.  T.  S &  Company,  to  be  carrying  on  the  busi- 
ness of  a  grain  commission-merchant  there,  had  devised  a 
scheme  and  artifice  to  induce  and  procure  the  sending  and  in- 
trusting of  moneys  to  him  (under  that  name)  by  one  - 
for  investment  and  employment  thereof  in  trade  and  com- 
merce for  the  use  and  benefit  of  the  said ,  and  the 

same  moneys  fraudulently  to  convert  to  the  own  use  of  him 

the  said  G—    -  W.  R ,  and  thereby  to  defraud  the  said 

— ;  which  last-mentioned  scheme  and  artifice  was  one 
to  be  effected  by  opening  correspondence  and  communication 
with  the  said —  by  means  of  the  Post-Office  Estab- 
lishment of  the  said  United  States,  and  by  inciting  h —  to 

open  communication  with  him  and  the  said  G W.  R — 

by  means  of  the  said  Post-Office  Establishment:    And  that 

the  said  G—    -  W.  R then  and  there,  so  having  devised 

the  scheme  and  artifice  last  aforesaid,  in  and  for  conducting, 
promoting,  and  carrying  on  the  same  scheme  and  artifice  by 
means  of  the  Post-Office  Establishment  of  the  said  United 
States,  unlawfully  did  take  and  receive  from  the  post-office  of 
the  said  United  States  there  a  certain  letter  and  packet,  to 
wit,  a  letter  and  packet  then  lately  before  sent  by  mail  from 
High  I1UI,  in  the  state  of  Missouri,  by  the  same  —  —  to  the 

address  of  "W.  T.  S &  Company,  at aforesaid.    And  so 

the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say, 
that  the  said  G—  -  W.  R—  -  then  and  there,  to  wit,  on  the 
said  -  -  day  of  -  — ,  in  the  same  year  eighteen  hundred  and 

— ,  at  —  -  aforesaid,  in  the  district  aforesaid,  in  manner 
and  form  in  this  count  aforesaid,  in  and  for  conducting,  pro- 
moting and  carrying  on,  by  means  of  the  Post-Office  Estab- 
lishment of  the  said  United  States,  a  scheme  and  chevice  men- 


POSTAL   CRIMES.  251 

tioned  in  the  first  section  of  an  act  of  Congress  entitled  "An 
act  to  punish  dealers  and  pretended  dealers  in  counterfeit 
money  and  other  fraudulent  devices  for  using  the  United 
States  mails,"  and  approved  the  second  day  of  March,  in  the 
year  eighteen  hundred  and  eighty-nine,  unlawfully  did  take 
and  receive  from  a  post-office  of  the  said  United  States  a  let- 
ter and  packet  addressed  to  him  [Sec.  2,  Act  Mar.  2,  1889.] 
by  a  fictitious,  false  and  assumed  name,  and  name  other  than 
his  own  lawful  and  proper  name;  against,  etc. 


Indictment,1  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed., 
694,)  for  using  the  mails  in  execution  of  a  scheme  to 
defraud  by  obtaining  money  for  investment  in  grain, 
provisions  and  stocks,  and  converting  that  money  to 
other  uses. 

No.  449  (1). 

—  pretending,  under  the  style  and  firm-name  of  F & 

M ,  to  be  commission-merchants  there,  and  to  be  man- 
agers of  an  association  or  fund,  by  them  pretended  to  exist 
under  the  designation  of  F &  M 's  Mutual  Co-opera- 
tive Fun4  W,  for  speculating  and  trading  in  grain,  provis- 
ions and  stocks,  had  devised  a  scheme  and  artifice  to  induce 
and  procure  the  sending  and  intrusting  of  moneys  to  them  by 
divers  other  persons,  for  investment  and  employment  thereof 
for  those  persons  respectively  in  such  pretended  association 
or  fund,  and  the  same  moneys  fraudulently  to  convert  to  the 

own  use  of  them  the  said  Frank  L.  L and  John  F , 

and  thereby  to  defraud  the  several  persons  who  should  so 
send  and  intrust  the  same;  which  said  scheme  and  artifice 
then  and  there  was  a  scheme  and  artifice  to  be  effected  by 
opening  correspondence  and  communication  with  those  per- 
sons respectively  by  means  of  the  Post-Office  Establishment 
of  the  said  United  States,  and  by  inciting  those  persons  re- 
spectively to  open  communication  with  them  the  said  Frank 

L.  L and  John  F—   -  (under  the  said  style  and  firm-name 

of  F &  M )  by  means  of  the  said  Post-Office  Estab- 
lishment: And  that  the  said  Frank  L.  L and  John  F 


1  See  post,  No.  453,  note;  page  255,  and  U.  S.  v.  Flemming,  18  F.  R.  907. 


252  FORMS   ADAPTKD   TO   CRIMINAL   CASES. 

then  and  there,  so  having  devised  the  said  scheme  and  artifice, 
in  and  for  executing  the  same,  and  attempting  so  to  do,  un- 
lawfully did  place  in  the  post-office  of  the  said  United  States 
[§  5480,  R.  S.,  as  am.]  at  Chicago  aforesaid  [,  to  be  sent  and 
delivered  by  tlte  said  post-office  establishment,] 2  divers  letters 
and  packets,  to  wit,  ten  letters  and  ten  packets,  directed  re- 
spectively to  divers  persons  and  addresses  to  the  said  grand 
jurors  as  yet  unknown;  against,  etc. 

No.  450  (2). 

-  pretending,  under  the  style  and  firm-name  of  F & 

M ,  to  be  commission-merchants  and  brokers  there,  and  to 

be  managers  of  an  association  or  fund,  called  F &  M—  -'s 

Mutual  Co-operative  Fund  "W,  for  speculating  and  dealing  in 
grain  and  other  merchandise,  had  devised  a  scheme  and  arti- 
fice to  induce  and  procure  the  sending  and  intrusting  of 
moneys  to  them  by  divers  other  persons,  for  investment  and 
employment  thereof  for  those  persons  respectively  in  such  pre- 
tended association  or  fund,  and  the  same  moneys  fraudulently 
to  convert  to  the  own  use  of  them  the  said  Frank  L.  L— 

and  John  F ,  and  thereby  to  defraud  the  several  persons 

who  should  so  send  and  intrust  the  same ;  which  last-men- 
tioned scheme  and  artifice  then  and  there  was  a  scheme  and 
artifice  to  be  effected  by  opening  correspondence  and  com- 
munication with  those  persons  respectively  by  means  of  the 
Post-Office  Establishment  of  the  said  United  States,  and  by 
inciting  those  persons  respectively  to  open  communication 

with  them  the  said  Frank  L.  L and  John  F (under 

the  style  and  firm-name  aforesaid)  by  means  of  the  said  Post- 
Office  Establishment :  And  that  the  said  Frank  L.  L —  -  and 

John  F then  and  there,  so  having  devised  the  scheme  and 

artifice  last  aforesaid,  in  and  for  executing  the  same,  and  at- 
tempting so  to  do,  unlawfully  did  take  and  receive  from  and 
[§  5480,  B.  S.,  as  am.]  out.  of  the  post-office  of  the  said  United 
States  at  Chicago  aforesaid  divers  letters  and  packets,  to  wit, 

ten  letters  and  ten  packets,  each  directed  to  F—   -  &  M , 

at  Chicago  aforesaid ;  against,  etc. 

2  This  phrase  will  be  found  in  the  Act  of  Mar.  2,  1889,  1  Supp.  R.  &,  2d 
Ed.,  694,  amending  Sec.  5480,  R  S.,  and  should  not  now  be  omitted  in  an 
indictment  on  that  section. 


POSTAL   CRIMES.  253 

No.  451  (3).1 

having2  devised  a  scheme  and  artifice  to  defraud  divers 

other  persons  of  their  moneys  respectively,  and  to  be  effected 
by  opening  correspondence  and  communication  (under  the 

style  and  firm-name  of  F &  M ),  by  means  of  the 

Post-Office  Establishment  of  the  said  United  States,  with  the 
several  persons  so  intended  to  be  defrauded,  and  by  inciting 
those  persons  to  open  communication  with  them  the  said 

Frank  L.  L and  John  F (under  the  same  style  and 

firm-name)  by  means  of  the  said  Post-Office  Establishment,  in 
and  for  executing  the  same  scheme  and  artifice,  and  attempt- 
ing so  to  do,  unlawfully  did  place  a  letter  and  packet  in  the 
post-office  of  the  said  United  States  [§  5480,  R.  S.,  as  am.] 
at  Chicago  aforesaid,  to  wit,  a  certain  letter  and  packet  di- 
rected to  one  Peter  Reineman,  at  Reedsville,  in  the  state  of 
Wisconsin;  against,  etc. 

No.  452  (7). 

had  devised  a  scheme  and  artifice  to  defraud  divers 

other  persons,  by  inciting  and  inducing  them  to  send  and  in- 
trust their  moneys  respectively  to  the  said  Frank  L.  L 

and  John  F (under  the  style  and  firm-name  of  F & 

M ),  for  the  purchase  of  shares  for  such  other  persons  in 

a   pretended   association   or  fund,  culled  F &  M 's 

Mutual  Co-operative  Fund  W,  for  speculating  and  dealing  in 
grain  and  other  merchandise,  and  by  obtaining  in  this  wise 
possession  of  the  moneys  which  should  be  so  sent  and  in- 
trusted, and  by  fraudulently  converting  such  moneys  to  the 

own  use  of  them  the  said  Frank  L.  L and  John  F , 

and  defrauding  thereof  the  several  persons  who  should  so 
sond  and  intrust  the  same;  which  scheme  and  artifice  last 
aforesaid  was  to  be  effected  by  opening  correspondence  and 

1  This  count  and  the  4th,  oth,  6th,  9tb,  and  10th  counts  of  this  indictment, 
all  substantially  alike,  were  not  considered  by  the  court  sufficient  to  make 
out  an  offense  under  the  statute ;  the  scheme  not  being  therein  described. 

On  the  po'ut  that  the  scheme  should  be  particularly  described,  see  U.  S.  v, 
Hess,  124  U.  S.  48a 

2  Recital,  and  objectionable.     U.  S.  v.  Hoeflinger,  83  F.  R  469.     But  see 
U.  S.  v.  Bornemann,  36  Id.  257 ;  U.  S.  v.  Hess,  supra. 


254  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

communication  (under  the  style  and  firm-name  aforesaid),  by 
means  of  the  Post-Office  Establishment  of  the  said  United 
States,  with  the  several  persons  so  intended  to  be  defrauded, 
and  by  inciting  them  to  open  communication  with  the  said 

Frank  L.  L and  John  F—    -  (under  the  same  style  and 

firm-name)  by  means  of  the  said  Post-Office  Establishment: 

And  that  the  said  Frank  L.  L and  John  F-   -  then  and 

there,  so  having  devised  the  scheme  and  artifice  last  aforesaid, 
in  and  for  executing  the  same,  and  attempting  so  to  do,  un- 
lawfully did  place  in  the  post-office  of  the  said  United  States 
[§  5480,  R.  S.,  as  am.]  at  Chicago  aforesaid  [,  to  be  sent  and 
delivered  by  the  said  pout-office  establishment,]  l  a  certain  letter 
and  packet,  directed  to  *one  Lydia  Kemington,  at  North  La 
Crosse,  Wisconsin;  against,  etc. 

No.  453  (8). 

had   devised  a  scheme  and  artifice  to  defraud  one 

Lydia  Remington,  by  inciting  and  inducing  her  to  become  a 
shareholder  and  investor  in  a  pretended  association  or  fund, 

called  F &  M 's  Mutual  Co-operative  Fund  W,  for 

speculating  and  trading  in  grain,  provisions  and  stocks,  and 
to  send  and  intrust  her  moneys,  for  becoming  such  share- 
holder and  investor  to  them  the  said  Frank  L.  L—  -  and 

John  F (under   the  style   and   firm-name   of   F—    -  & 

M ),   and    by   obtaining   in   this   wise   possession   of  the 

moneys  which  should  be  so  sent  and  intrusted,  and  by  fraud- 
ulently converting  such  moneys  to  the  own  use  of  them  the 

said  Frank  L.  L and  John  F ,  and  defrauding  the  said 

Lydia  Remington  of  the  same;  which  last-mentioned  scheme 
and  artifice  then  and  there  was  a  scheme  and  artifice  to  be 
effected  by  opening  correspondence  and  communication  (under 
the  style  and  firm-name  aforesaid),  by  means  of  the  Post- 
Office  Establishment  of  the  said  United  States,  with  the  said 
Lydia  Remington,  and  by  inciting  her  to  open  communication 

with  them  the  said  Frank  L.  L and  John  F—    -  (under 

the  same  style  and  firm-name)  by  means  of  the  said  Post- 

Office  Establishment :  And  that  the  said  Frank  L.  L and 

John  F then  and  there,  so  having  devised  the  scheme  and 

l  See  No.  449,  note  3. 


POSTAL   CRIMES.  255 

artifice  last  aforesaid,  in  and  for  executing  the  same,  and  at- 
tempting so  to  do,  unlawfully  did  take  and  receive  from  the 
post-office  of  the  said  United  States  [§  5480,  R.  S.,  as  am.] 
at  Chicago  aforesaid  a  certain  letter,  then  lately  before  sent 
by  the  said  Lydia  Kemington  from  North  La  Crosse,  Wiscon- 
sin, to  the  address  of  F &  M ,  at  Chicago,  aforesaid ; 

against,  etc. 

NOTE. 

Judge  Blodgett's  charge  to  the  jury  in  the  case  upon  the 
foregoing  indictment  will  be  found  in  U.  S.  v.  Flemming  et 
al.,  18  F.  R  907.  The  following  opinion  by  Judge  Blodgett, 
on  overruling  the  motions  for  a  new  trial  and  in  arrest,  not 
published,  and  not  in  the  record  of  the  case  as  it  went  to  the 
Circuit  Court  on  error,  indicates  the  points  raised  by  counsel 
(the  late  W.  C.  Goudy  and  the  late  E.  A.  Storrs)  and  passed 
upon  by  the  Circuit  Court,  Mr.  Justice  Harlan  presiding,  in 
affirming  Judge  Blodgett's  decision ;  and  is  full  of  suggestions 
as  to  the  requisites  of  indictments  on  Sec.  5480,  R.  S. : 

(U.  S.  District  Court,  N.  District  of  Illinois,  January  2,  1884) 

United  States 

v. 
Loring  and  Flemming. 

Blodgett,  District  Judge. —  In  this  case,  upon  the  rendition  of  the  verdict, 
motions  for  a  new  trial  and  in  arrest  of  judgment  were  made  by  the  defend- 
ants. These  motions  have  been  argued  together,  and  the  positions  of  coun- 
sel will  be  considered  and  disposed  of  as  on  one  motion. 

The  points  made  on  the  motion  in  arrest  involve  the  sufficiency  of  the  in- 
dictment, and  will  be  first  considered.  These  points  are : 

1.  That  Section  5480,  under  which  this  indictment  is  framed,  is  unconsti- 
tutional, on  the  ground  that  Congress  has  no  power,  under  that  clause  of 
the  constitution  which  authorizes  it  to  "establish  post-offices  and  post-roads," 
to  pass  the  act  in  question  ;  that  this  section  of  the  Revised  Statutes  and  Sec- 
tion 3929  are  to  be  construed  together,  and  when  so  construed  clothe  the 
Postmaster  General,  who  is  a  mere  executive  officer,  with  judicial  powers, 
which  powers  can  only  be  exercised  by  a  properly  constituted  court  or 
judicial  officer. 

2.  That  the  first,  second,  seventh  and  eighth  counts  of  the  indictment,  on 
which  the  defendants  were  found  guilty  by  the  jury,  are  insufficient,  be- 
cause the  scheme  or  artifice  to  defraud  is  not  so  particularly  and  fully 
described  as  is  required  by  the  rules  of  criminal  pleading ;  and  that  the 
letters  or  packets  alleged  to  have  been  placed  in  or  taken  or  received  from 
a  post-office  by  the  defendants  are  not  set  out  in  full,  or  so  fully  as  to  iden- 


256  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

tify  them.  It  is  further  urged  that  the  indictment  should  have  charged 
how  and  iu  what  manner  the  money  was  to  be  converted  to  the  defendants' 
own  use ;  and  that  the  indictment  should  have  shown  a  scheme  or  artifice 
to  defraud  which  was  unlawful,  either  by  statute  or  by  common  law.  And 
also  that  the  indictment  is  bad  because  it  charges  four  different  offenses, 
while  the  last  clause  of  Section  5480  allo'.vs  only  three  offenses  to  be  joined 
in  one  indictment 

As  to  the  first  point,  questioning  the  constitutionality  of  Section  5480,  the 
principle  involved  seems  to  me  to  be  fully  settled  in  Ex  parte  Jackson,  96 
U.  S.  727.  While  that  was  a  case  arising  under  a  different  section  of  the 
postal  laws, —  the  one  referring  to  the  sending  of  matter  concerning  lot- 
teries through  the  mail, —  the  same  reasoning  which  is  there  used  applies, 
as  it  seems  to  me,  with  equal  force  to  support  the  provisions  of  Section 
5480.  In  that  case  the  Supreme  Court,  speaking  by  Mr.  Justice  Field,  said : 
'•  The  power  vested  in  Congress  to  establish  post-offices  and  post-roads  has 
been  construed,  since  the  foundation  of  the  government,  to  authorize  not 
merely  the  designation  of  the  roads  over  which  the  mail  shall  be  carried, 
and  the  offices  where  letters  and  other  documents  shall  be  received,  to  be 
distributed  or  forwarded,  but  the  carriage  of  the  mail,  and  all  measures 
necessary  to  secure  its  safe  and  speedy  transit  and  the  prompt  delivery  of 
its  contents.  The  validity  of  legislation  prescribing  what  shall  be  carried, 
and  its  weight  and  form,  and  the  charges  to  which  it  shall  be  subjected, 
has  never  been  questioned.  .  .  .  The  power  possessed  by  Congress  em- 
braces the  regulation  of  the  entire  postal  system  of  the  country.  The  right 
to  designate  what  shall  be  carried  necessarily  involves  the  right  to  deter- 
mine what  shall  be  excluded.  .  .  .  Whilst  regulations  excluding  matter 
from  the  mail  cannot  be  enforced  in  a  way  which  would  require  or  permit 
an  examination  into  letters,  or  sealed  packages  subject  to  letter-postage, 
without  warrant  issued  on  oath  or  affirmation  to  search  for  prohibited  mat- 
ter, they  may  be,  enforced  upon  competent  evidence  of  their  violation  ob- 
tained in  other  ways,  as  from  the  parties  receiving  the  letters  or  packages, 
or  from  agents  depositing  them  in  the  post-office,  or  others  cognizant  of 
the  fact;  and  as  to  objectionable  printed  matter  which  is  open  to  examina- 
tion, the  regulations  may  be  enforced  in  the  same  way,  by  the  imposition 
of  penalties  for  their  violation,  through  the  courts,  and  in  some  cases  by 
the  direct  action  of  the  officers  of  the  postal  service  ...  In  excluding 
various  articles  from  the  mail,  the  object,  of  course,  has  not  been  to  inter- 
fere with  the  freedom  of  the  press,  or  with  any  other  rights  of  the  people, 
but  to  refuse  its  facilities  for  the  distribution  of  matter  deemed  injurious  to 
the  public  morals." 

Indeed  it  would  seem  too  plain  to  require  argument,  that  the  power  of 
Congress  to  establish  post-offices  and  post-roads  not  only  involves  the  right 
to  create  and  maintain  our  postal  system,  but  carries  with  it  as  a  necessary 
incident  to  that  power,  the  right  of  Congress  to  determine  what  shall  be 
curried  or  transported  by  means  of  such  postal  system ;  and  certainly  that 
Congress  has  the  right  to  enact  that  no  matter  shall  be  carried  in  the  mail 
for  the  purpose  of  furthering  a  crime  or  fraud. 

The  validity  of  Section  8929,  which  empowers  the  Postmaster  General,  on 
satisfactory  evidence  that  any  person  is  engaged  in  conducting  a  fraudulent 


POSTAL    CRIMES.  257 

lottery,  gift-enterprise,  or  scheme  for  the  distribution  of  money  or  real  or 
personal  property  by  lot,  chance  or  drawing,  or  is  conducting  any  other 
scheme  or  device  for  obtaining  money  through  the  mails  by  reason  of  false 
or  fraudulent  pretenses,  to  instruct  the  postmaster  of  any  office  at  which 
any  registered  letter  arrives  to  return  such  registered  letter  to  the  postmas- 
ter of  the  office  at  which  such  letter  was  originally  mailed,  to  be  by  the  lat- 
ter postmaster  returned  to  the  sender  thereof,  is  in  no  sense,  that  I  can 
see,  involved  in  this  case.  The  two  sections  are  not  to  be  construed  or  en- 
forced together ;  and  if  this  Section  3929  is  not  within  the  constitutional 
power  of  Congress,  or  impinges  upon  any  other  provisions  of  the  constitu- 
tion, so  as  to  make  it  unconstitutional,  and  the  Postmaster  General  has  so 
acted  under  it  as  to  injure  these  defendants  or  either  of  them,  they  havo 
their  remedy  against  him ;  but  the  question  of  the  lawfulness  of  his  action 
cannot  come  into  this  case.  That  is,  if  Section  3929  is  void  for  want  of  con- 
stitutional authority  in  Congress  to  enact  it,  then  the  powers  delegated  to 
the  Postmaster  General  by  it  are  also  void  and  inoperative,  and  would  fur- 
nish no  defense  in  a  civil  suit  against  him  for  his  acts.  But  that  presents  a 
widely  different  question  from  the  right  to  punish  a  person  who  uses  the 
mails  for  purposes  of  fraud,  which  is  the  scope  and  intent  of  Section  5480. 

I  now  come  to  the  second  point  urged,  questioning  the  sufficiency  of  the 
counts  of  the  indictment  on  which  the  verdict  of  the  jury  was  rendered. 
The  statute  in  question  reads  as  follows :  "  If  any  person  having  devised 
or  intending  to  devise,  any  scheme  or  artifice  to  defraud,  or  be  effected  by 
opening  or  intending  to  open  correspondence  or  communication  with  any 
other  person,  whether  resident  within  or  outside  of  the  United  States,  or  by 
inciting  such  other  person  to  open  communication  with  the  person  so  de- 
vising or  intending,  shall  in  and  for  executing  such  scheme  or  artifice,  or 
attempting  so  to  do,  place  any  letter  or  packet  in  any  post-office  of  the 
United  States,  or  take  or  receive  any  therefrom,  such  person  so  misusing 
the  Post-Office  Establishment  shall  be  punishable,"  etc. 

The  first  count  charges  that  the  defendants,  "  pretending,  under  the  style 
and  firm-name  of  Flemming  &  Merriam,  to  be  commission-merchants  there, 
and  to  be  managers  of  an  association  or  fund  by  them  pretended  to  exist 
under  the  designation  of  Flemming  &  Merriam's  Mutual  Co-operative 
Fund  W,  for  speculating  and  trading  in  grain,  provisions  and  stocks,  had 
devised  a  scheme  and  artifice  to  induce  and  procure  the  sending  and  in- 
trusting of  moneys  to  them  by  divers  other  persons,  for  investment  and  em- 
ployment thereof  for  those  persons  respectively  in  such  pretended  association 
or  fund,  and  the  same  moneys  fraudulently  to  convert  to  the  own  use  of 
them  the  said  Frank  L.  Loring  and  John  Flemming,  and  thereby  to  defraud 
the  several  persons  who  should  so  send  and  intrust  the  same ;  which  said 
scheme  and  artifice  then  and  there  was  a  scheme  and  artifice  to  be  effected 
by  opening  correspondence  and  communication  with  those  persons  respect- 
ively by  means  of  the  Post-Office  Establishment  of  the  said  United  States, 
and  by  inciting  those  persons  respectively  to  open  communication  with  them 
the  said  Frank  L.  Loring  and  John  Flemming  (under  the  style  and  firm- 
name  of  Flemming  &  Merriam)  by  means  of  the  said  Post-Office  Establish- 
ment :  And  that  the  said  Frank  L.  Loring  and  John  Flemming  then  and 
there,  so  having  devised  the  said  scheme  and  artifice,  in  and  for  executing 
17 


258  FORMS    ADAPTED    TO    CRIMINAL   CASES. 

the  same,  and  attempting  so  to  do,  unlawfully  did  place  in  the  post-office  of 
the  said  United  States  at  Chicago  aforesaid  divers  letters  and  packets,  to 
wit,  ten  letters  and  ten  packets,  directed  respectively  to  divers  persons  and 
addresses  to  the  said  grand  jurors  as  yet  unknown ;  against,"  etc. 

The  remaining  three  counts  set  out  the  sr'  -me  or  artifice  to  defraud  in 
substantially  the  same  terms,  and  only  differ  from  the  count  just  quoted 
by  charging,  in  the  second,  that  the  defendants,  for  the  purpose  of  execut- 
ing their  scheme  to  defraud,  "  did  take  and  receive  from  the  post-office  of 
the  said  United  States  at  Chicago  aforesaid  divers  letters  and  packets,  to 
wit,  ten  letters  and  ten  packets,  each  directed  to  Flemming  &  Merriam, 
at  Chicago  aforesaid ; "  while  the  seventh  count  charges  that  the  defend- 
ants sent  through  the  post-office  at  Chicago,  for  the  purpose  of  executing 
their  scheme  of  fraud,  a  letter  and  packet  directed  to  Lydia  Remington,  at 
North  La  Crosse,  Wisconsin :  and  the  eighth  charges  that  the  defendants 
took  from  the  post-office  at  Chicago  "  a  certain  letter  then  lately  before  sent 
by  the  said  Lydia  Remington  from  North  La  Crosse,  Wisconsin,  to  the  ad- 
dress of  Flemming  &  Merriam,  at  Chicago  aforesaid." 

The  object  of  an  indictment  is  twofold,  first,  to  inform  the  defendant  of 
the  offense  with  which  he  is  charged,  with  such  particularity  as  will  enable 
him  to  prepare  for  his  trial ;  second,  so  to  define  and  identify  the  offense 
that  the  defendant  may,  if  convicted  or  acquitted,  be  able  to  defend  himself, 
in  case  he  be  indicted  again  for  the  same  offense,  by  pleading  the  record  of 
such  conviction  or  acquittal. 

Under  this  statute,  the  scheme  or  artifice  to  defraud,  it  seems  to  me,  should 
be  so  fully  stated  as  to  enable  the  court  to  see,  as  a  matter  of  law,  that  if 
consummated,  a  fraud  would  be  perpetrated.  The  charge  in  this  indict- 
ment is,  that  these  defendants  had  devised  a  scheme  or  artifice  to  defraud, 
which  they  designated  or  called  "  Flemming  &  Merriam's  Mutual  Co-opera- 
tive Fund  W,  for  speculating  and  trading  in  grain,  provisions  and  stocks." 
The  defendants,  for  a  description  of  their  offense,  are  referred  by  the  indict- 
ment to  the  description  or  name  which  they  themselves  gave  to  their  scheme, 
whatever  it  may  be  called,  and  are,  it  seems  to  me,  fully  informed  of  the 
transaction  which  will  be  called  in  question  on  the  trial,  by  this  description, 
which  is  the  "  Flemming  &  Merriam  Fund  W,"  as  devised  and  managed  by 
the  defendants ;  that  is  charged  to  be  the  scheme  or  artifice  to  defraud,  by 
inducing  persons  to  send  to  them  or  intrust  them  with  money  for  the  pur- 
pose of  investment  in  "  Fund  W,"  to  be  used  for  speculating,  etc. ;  and  the 
purpose  of  the  defendants  fraudulently  to  convert  to  their  own  use  the 
money  so  sent  or  intrusted  to  them,  makes  the  fraudulent  scheme  or  artifice 
set  out  in  this  count 

There  can  be  no  room  for  doubt  that  if  this  scheme  is  consummated,  if 
persons  are  induced  to  send  money  to  the  defendants  for  investment  in 
"  Fund  W,"  and  if  it  was  the  purpose  of  the  defendants  to  convert  such 
money  to  their  own  use,  either  by  not  investing  it  in  "  Fund  W,"  or  by  so 
investing  it  and  then  converting  to  their  own  use  the  whole  fund,  a  fraud 
on  the  persons  so  sending  such  money  would  be  accomplished. 

Suppose  a  man  was  indicted  for  stealing  a  horse  which  he  called  "  Char- 
ley ; "  that  would  seem  to  be  a  sufficient  description  by  which  to  identify 
the  horse,  and  inform  the  defendant  what  particular  horse  he  was  charged 


POSTAL   CRIMES.  259 

with  stealing.  Suppose,  under  this  statute,  the  scheme  or  artifice  charged 
to  be  that  the  defendants,  pretending  it  was  their  purpose  to  buy  horses, 
thereby  sought  to  induce  persons  to  send  money  to  them  for  that  purpose, 
but  in  fact  intended  fraudulently  to  convert  such  money  to  their  own  use; 
there  can  be  no  doubt  but  that  fraud,  or  a  scheme  to  defraud,  would  be 
charged.  The  gist  of  this  offense  does  not  consist  in  the  fraudulent  scheme 
alone,  but  in  using  the  Post-Office  Establishment  of  the  United  States  for 
the  purpose  of  executing  a  fraud.  It  should  therefore  be  made  to  appear 
with  reasonable  and  fair  certainty  what  the  fraud  was,  and  that  the  Post- 
Office  Establishment  was  to  be  used  in  the  furtherance  or  accomplishment 
of  such  fraud ;  and  this,  it  seems  to  me,  is  all  which  the  rules  of  good  plead- 
ing require. 

As  to  the  suggestion  that  the  letters  or  packets  alleged  to  have  been  placed 
in  or  taken  from  the  post-office  are  not  sufficiently  described,  the  first  count 
charges  the  defendants  with  placing  in  the  post-office  at  Chicago  ten  letters 
and  ten  packets,  addressed  to  persons  to  the  grand  jurors  unknown ;  and 
the  second  count  charges  the  defendants  with  taking  from  the  post-office 
at  Chicago  ten  letters  and  ten  packets,  addressed  to  Hemming  &  Merriam. 
There  is  no  proof  that  the  grand  jurors  knew  to  whom,  or  by  whom,  these 
letters  and  packets  were  addressed,  at  the  time  when  this  indictment  was 
found.  If  the  defendants,  for  the  purpose  of  preparing  for  trial,  wished  a 
fuller  description  of  these  letters,  they  could  have  obtained  it  by  a  bill  of 
particulars,  as  the  practice  of  this  court  for  many  years  has  been  to  require 
a  bill  of  particulars  to  be  furnished  in  ample  time  by  the  District  Attorney, 
on  application  of  the  defendant,  in  order  to  enable  him  to  prepare  for  trial ; 
and  this  practice  seems  to  be  sanctioned  by  well-considered  authorities.  In 
Wharton's  Criminal  Practice,  Sec.  702,  it  is  said : 

"  Wherever  the  indictment  is  so  general  as  to  give  the  defendant  inade- 
quate notice  of  the  charge  he  is  expected  to  meet,  the  court,  on  his  applica- 
tion, will  require  the  prosecution  to  furnish  him  with  a  bill  of  particulars  of 
the  evidence  intended  to  be  relied  on.  That  indictments  may  be  thus  gen- 
eral, and  yet  in  entire  conformity  with  precedents,  has  been  heretofore 
abundantly  shown.  It  is  allowable  to  indict  a  man  as  a  common  barrator, 
or  as  a  common  seller  of  intoxicating  liquors,  or  as  assaulting  a  person  un- 
known, or  as  conspiring  with  persons  unknown  to  cheat  and  defraud  the 
prosecutor  by  divers  false  tokens  and  pretenses ;  and  in  none  of  these  cases 
is  the  allegation  of  time  material ;  so  that  the  defendant  is  obliged  to  meet 
a  charge  of  an  offense  apparently  undesignated,  committed  at  a  time  which 
is  not  designated  at  all  Hence  has  arisen  the  practice  of  requiring  in  such 
cases  bills  of  particulars ;  and  the  adoption  of  such  bills,  instead  of  the  ex- 
acting of  increased  particularity  in  indictments,  is  productive  of  several  ad- 
vantages. It  prevents  much  cumbrous  special  pleading,  and  consequent 
failures  of  justice,  as  no  demurrer  lies  to  bills  of  particulars ;  and  it  gives 
the  defendant,  in  plain,  unartificial  language,  notice  of  the  charge  he  is  to 
meet" J 

Section  703 :  "  As  has  already  been  seen,  bills  of  particulars  may  be  or- 
dered under  the  same  general  count  in  conspiracies,  under  indictments  for 

['  See  U.  S.  v.  Bayaud,  16  F.  R.  376. 


260  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

being  a  common  seller  of  liquors,  and  under  indictments  for  embezzlement, 
and  for  being  a  common  barrator,  or  a  common  scold.  But  it  is  proper,  in 
order  to  justify  the  ordering  by  the  court  of  such  a  bill,  that  the  defendant 
should  make  an  affidavit  that  he  is,  from  the  generality  of  the  indictment, 
unable  duly  to  prepare  himself  for  his  defense" 

Section  705 :  "  It  is  said  that  the  allowance  of  bills  of  particulars  is  within 
the  discretion  of  the  presiding  judge,  and  is  not  subject  of  error ;  yet  when- 
ever a  bill  of  particulars  is  a  substitute  for  special  averments  in  an  indict- 
ment, error  should  be  entertained.  The  same  right  of  exception  allowed  to 
the  defendant  in  the  one  case  should  be  allowed,  unless  there  be  a  statutory 
impediment,  in  the  other.  The  appellate  court  should  have  the  power  of 
determining  whether  there  is  enough  filed  against  the  defendant  to  put  him 
on  his  trial" 

I  do  not  think  the  pleader  was  obliged  to  set  out  these  letters  in  full  in  the 
indictment,  or  give  the  substance  of  their  contents,  nor  that  it  should  ap- 
pear from  the  letters  that  they  were  a  part  of  a  fraudulent  scheme.  Letters 
or  circulars  in  execution  of  a  fraudulent  scheme  might  appear  on  their  face 
to  be  wholly  innocent,  and  in  all  respects  part  of  a  legitimate  transaction ; 
but  if  sent  through  the  mails,  for  the  purpose  of  effecting  a  fraudulent  arti- 
fice, an  offense  under  this  statute  is  committed.  The  letters,  for  illustration, 
remitting  dividends  in  this  "Fund  W,"  if  sent  —  which  is  wholly  a  matter 
of  proof  —  for  the  purpose  of  inducing  the  persons  to  whom  sent  to  intrust 
the  defendants  with  more  money,  or  allow  that  already  sent  to  remain,  with 
the  intent  and  ultimate  purpose  of  the  defendants  to  convert  all  or  any  of 
this  money  so  obtained  to  their  own  use,  would  be  as  clearly  within  the  in- 
hibition of  this  statute  as  a  letter  of  an  accomplice,  fully  disclosing  the 
fraudulent  methods  of  the  scheme  or  artifica 

It  seems  to  me  enough  if  the  defendants  are  told  by  the  indictment  to 
whom  they  sent  letters,  and  from  whom  they  received  letters,  through  the 
post-office.  The  first  two  counts  do  not  state  to  whom  the  letters  were  sent, 
nor  from  whom  they  were  received,  but  the  grand  jurors  state  to  the  court 
that  they  were  sent  to  persons  to  the  grand  jurors  unknown.  If  the  defend- 
ants wished  a  particular  description  of  the  letters  and  packets  which  the 
prosecution  would  offer  in  evidence  under  these  two  counts,  they  should 
have  applied  to  the  court  for  a  bill  of  particulars,  in  apt  time ;  and,  under 
the  practice  of  the  court,  they  would  have  been  entitled  to  such  a  descrip- 
tion as  would  enable  them  to  identify  the  letters,  or  know  what  letters  they 
were  to  meet  and  explain,  if  necessary. 

It  is  further  urged  that  this  indictment  does  not  state  how  the  money 
was  to  be  converted  to  the  use  of  the  defendants.  It  does  not  seem  to  me  to 
be  a  necessary  part  of  this  indictment  that  the  pleader  should  state  how  the 
money  was  to  be  converted.  It  is  sufficient  if  the  defendants  are  charged 
with  intending  to  convert  to  their  own  use  the  money  which  other  persons 
should  be  induced  to  send  to  them.  Wherever  the  defendants  might  con- 
ceal this  money,  however  they  might  dispose  of  it,  if  they  treated  it  as  their 
own  money,  converted  it  to  their  own  use,  and  intended  to  do  so  when  they 
received  it,  the  fraud  on  the  persons  sending  the  money  was  completely  per- 
petrated. To  require  the  prosecution  to  state  minutely  the  details  of  con- 
verting or  concealing  this  money  would  be  to  involve  it  in  a  maze  of  minute 


POSTAL   CRIMES.  261 

details  which  it  probably  could  not  prove.  The  prosecution  is  not  bound  to 
follow  the  money  beyond  its  application  to  a  purpose  to  which  the  person 
sending  it  did  not  intend  it  to  be  applied ;  is  not  bound  to  follow  the  money 
through  all  the  devious  and  artful  ways  by  which  those  perpetrating  the 
fraud  intend  to  conceal  it,  so  that  it  shall  be  beyond  the  reach  of  those  to 
whom  it  actually  belongs. 

Nor  is  it  necessary  that  the  scheme  or  artifice  devised  should  be,  in  itself, 
unlawful.  If  the  scheme  was  fraudulent,  if  the  purpose  was  to  get  money 
from  other  persons,  under  pretense  of  investing  it  for  such  persons,  and  not 
so  to  invest  it  but  to  apply  it  to  the  use  of  the  defendants,  the  case  is  within 
the  statute.  The  object  of  the  law  was  to  prevent  persons  having  fraudu- 
lent designs  on  others  from  using  the  post-office  as  a  means  of  effecting 
such  fraud.  It  need  not,  in  my  opinion,  be  a  fraud  either  at  common  law 
or  by  statute.  It  is  enough  if  it  was  a  scheme  or  purpose  to  defraud  any 
persons  of  their  money.  Some  of  the  states  of  this  Union  prohibit  lotteries, 
and  make  it  a  crime  to  conduct  a  lottery ;  others  legalize  lotteries,  and 
give  them  their  affirmative  legislation  and  sanction,  for  the  support  of 
public  enterprises,  or  for  the  purpose  of  private  gain ;  and  yet  all  matter 
concerning  lotteries,  whether  legal  or  illegal,  is  by  law  excluded  from  the 
mail.  It  is  a  misdemeanor  to  place  such  matter  in  the  post-office ;  and  that 
has  been  held  to  be  a  constitutional  law. 

As  to  the  last  objection,  that  the  indictment  in  question  charges  the  de- 
fendants with  four  offenses,  when  the  last  clause  of  the  statute  provides 
that  the  indictment,  information  or  complaint  may  severally  charge  offenses 
to  the  number  of  three,  when  committed  within  the  same  six  calendar 
months, —  which,  it  is  claimed,  is  a  limitation  upon  the  right  to  include  more 
than  three  offenses  in  the  same  indictment, —  I  can  only  say  that  this  clause 
is  somewhat  difficult  of  construction ;  but  I  can  only  construe  it  to  mean, 
and  do  so  construe  it,  that  three  separate  offenses,  that  is,  three  separate 
frauds,  may  be  charged  in  the  same  indictment  The  indictment  in  this 
case  contains  four  counts,  charging  the  defendants  with  mailing  letters  in 
consummation  or  execution  of  one  fraud  only.  It  seems  to  me  that,  under 
this  statute,  if  these  defendants,  for  illustration,  had  been  indicted  not  only 
for  using  the  post-office  in  the  execution  of  the  artifice  or  scheme  known  as 
"  Fund  W,"  but  also  other  counts  had  been  added,  charging  them  with  mis- 
use of  the  post-office  in  the  execution  of  schemes  known  as  "Fund  H"  and 
"  Fund  K,"  they  could  all  have  been  joined  in  the  same  indictment ;  which 
is  a  fair  illustration  of  the  construction  which  I  gave,  and  the  only  one  I  can 
give,  to  that  clause  of  this  section.1 

I  have  now,  I  think,  noticed  all  the  points  made  against  the  indictment; 
and  after  a  full  and  careful  re-examination  of  these  objections,  I  am  con- 
tent to  abide  by  the  rulings  made  on  the  trial,  in  which  I  sustained  these 
four  counts.  I  am  well  aware  that  cases  are  to  be  found  in  the  books  which, 
if  followed,  would  seem  to  require  me  to  hold  this  indictment  substantially 
defective ;  but  most  of  these  cases,  so  far  as  I  have  been  able  to  examine 
them,  were  decided  by  courts  which  held  to  a  much  more  artificial  and 
technical  rule  of  pleading  in  criminal  cases  than  the  rule  followed  by  the 

['  See  case  In  re  Henry,  123  U.  S.  372,  since  decided.] 


262  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

federal  courts,  or  upon  statutes  so  widely  differing  in  their  scope  and  pur- 
pose from  the  one  in  question  as  to  afford  but  little,  if  any,  light  for  the  pur- 
poses of  this  case. 

This  indictment  seems  to  me  to  follow  the  rule  laid  down  by  Mr.  Justice 
Harlan,  in  U.  S.  v.  Simmons,  96  U.  S.  362 :  "  When  the  offense  is  purely 
statutory,  it  is  as  a  general  rule  sufficient  in  the  indictment  to  charge  the 
defendant  with  acts  coming  fully  within  the  statutory  description,  in  the 
substantial  words  of  the  statute,  without  any  further  extension  of  the  mat- 
ter. .  .  .  But  to  this  general  rule  there  is  the  qualification,  fundamental 
in  the  law  of  criminal  procedure,  that  the  accused  must  be  apprised  by  the 
indictment  of  the  nature  of  the  accusation  against  him,  to  the  end  that  he 
may  prepare  his  defense,  and  plead  the  judgment  as  a  bar  to  any  subse- 
quent prosecution  for  the  same  offense." 

So  in  U.  S.  v.  Carll,  105  U.  S.  612,  it  was  said  by  Mr.  Justice  Gray,  speak- 
ing for  the  court :  "  In  an  indictment  upon  a  statute,  it  is  not  sufficient  to 
set  forth  the  offense  in  the  words  of  the  statute,  unless  those  words  of  them- 
selves, fully  and  expressly,  without  any  uncertainty  or  ambiguity,  set  forth 
all  the  elements  necessary  to  constitute  the  offense  intended  to  be  punished." 

This  indictment  seems  to  me  to  inform  the  accused,  with  reasonable  cer- 
tainty, of  the  nature  of  the  accusation,  so  as  to  enable  them  to  prepare 
their  defense,  and  also  seems  to  be  so  definite  in  its  statements  as  to  enable 
them,  if  acquitted  or  convicted,  to  plead  the  judgment  on  this  verdict  in 
bar  of  any  future  prosecution  for  this  offense. 

As  to  the  errors  claimed  to  have  been  committed  by  the  court  on  the  trial, 
in  the  admission  of  improper  testimony,  especially  that  in  regard  to  the 
dealings  of  these  defendants  with  "  Fund  H  "  and  "  Fund  K,"  and  the  por- 
tions of  the  charge  which  have  been  criticised,  I  need  only  say,  that  I  do 
not  find  in  those  rulings  or  in  the  charge  any  such  substantial  error  as 
seems  to  me  to  entitle  these  defendants  to  a  new  trial.  The  nature  of  the 
case  was  such  that  it  seemed  to  require  the  allowing  of  a  wide  range  of  tes- 
timony ;  and  I  endeavored  by  the  charge  distinctly  and  clearly  to  inform 
the  jury  that  while  other  matters,  not  necessarily  a  part  of  the  defendants' 
dealings  with  "  Fund  W,"  were  admitted  in  evidence,  yet  they  were  only 
admitted  for  the  purpose  of  showing  the  intent  of  the  defendants ;  and  this 
I  think  I  was  justified  by  the  authorities  in  doing. 


Complaint,  on  Sec.  5480,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  694,) 
for  using  the  mails  in  execution  of  a  scheme  to  de- 
fraud. 

No.  454. 

had  devised  a  certain  scheme  and  artifice  to  defraud 

divers  persons  of  their  moneys,  and  to  be  effected  by  opening 
correspondence  and  communication  with  those  persons  by 
means  of  the  Post-Office  Establishment  of  the  said  United 
States,  and  by  inciting  those  persons  to  open  communication 


POSTAL   CRIMES.  263 


with  — h —  the  said ;  and  that  the  said 

then  and  there,  in  and  for  executing  the  said  scheme  and  arti- 
fice, and  attempting  so  to  do,  un-  [§  5480,  R.  S.,  as  am.] 
lawfully  did  place  in  the  post-office  of  the  said  United  States 

at aforesaid,  to  be  sent  and  delivered  by  the  said  Post- 

Office  Establishment,  divers  letters  and  packets,  and  take  and 
receive  divers  other  letters  and  packets  from  the  same  post- 
office;  contrary,  etc.1 

Complaint,  on  Sec.  5480,  R.  S.,  (1  Snpp.  R.  S.,  2d  Ed.,  694,) 
for  using  the  mails  in  execution  of  a  scheme  to  defraud. 

No.  455. 

late  of ,  in  the  district  aforesaid,  on  or  about  the 

day  of ,  A.  D. ,  and  at  divers  other  times  since 

that  day,  at  aforesaid,  in  the  district  aforesaid,  having 

devised  a l  scheme  and  artifice  to  defraud  divers  persons  of 
their  moneys,  and  to  be  effected  by  opening  correspondence 
and  communication  with  those  persons  respectively  by  means 
of  the  Post-Office  Establishment  of  the  said  United  States,  and 
by  inciting  those  persons  respectively  to  open  communication 

with  h —  the  said (otherwise  called  as  aforesaid)  by 

means  of  the  said  Post-Office  Establishment,  in  and  for  ex- 
ecuting the  said  scheme  and  artifice,  and  attempting  so  to  do, 
unlawfully  did  place  divers  letters  [§  5480,  R.  S.,  as  am.] 
and  packets  in  the  post-office  of  the  said  United  States  at 
aforesaid,  to  be  sent  and  delivered  by  the  said  post- 
office  establishment,  and  amongst  others  a  certain  packet  di- 
rected to  one at  ,  in  the  state  of ;  and 

unlawfully  did  take  and  receive  from  the  said  post-office  divers 
other  letters  and  packets,  directed  to at afore- 
said ;  contrary,  etc. 

Indictment,  on  Sec.  3995,  R.  S.,  for  obstructing  the  mail. 

No.  456  (1). 

-  unlawfully  did  knowingly  and  wilfully  obstruct  and 
retard  the  passage  of  the  mail  of  the  said  [§  3995,  R.  S.] 
United  States;  against,  etc. 

1  See  No.  451,  note  1. 


264  POEMS    ADAPTED   TO   CRIMINAL   CASES. 

No.  457  (2). 

unlawfully  did  knowingly  and  wilfully  obstruct  and 

[§  3995^  R.  $.]  retard  the  passage  of  a  certain  carriage,  to 
wit,  a  certain  railway-car,  then  and  there  carrying  the  mail  of 
the  said  United  States;  against,  etc. 


Indictment^  on  Sec.  4046,  R.  S..  against  an  assistant  post- 
master tor  embezzling  money-order  funds;  with  a 
count  on  Sec.  4053,  R.  S.,  for  neglecting  to  deposit 
postal  revenues. 

No.  458  (1). 

-  being  then   and  there   an   assistant  postmaster  of  a 
money-order  office,  to  wit,  the  post-office  of  the  said  United 

States  at aforesaid,  and  as  such  assistant  postmaster  being 

then  and  there  employed  in  the  business  and  operations  of 
the  said  money-order  office,  unlawfully  and  feloniously  did 
[§  4046,  R.  S.]  convert  to  his  own  use,  and  thereby  embez- 
zle, certain  moneys  amounting  to  the  sum  of ,  and  of  the 

value  of  -  — ,  of  the  moneys  and  property  of  the  said  United 
States,  and  a  portion  of  the  money-order  funds  of  the  said 
United  States,  then  and  there  being;  against,  etc. 


No.  459  (2). 

-  was  an  assistant  postmaster  in  and  for  the  post-office 

of  the  said  United  States  at aforesaid,  and  employed  in 

the  business  and  operations  of  the  said  post-office,  the  same 
being  then  and  there  a  money-order  office;  and  by  virtue  of 
his  said  office  and  employment,  and  while  he  was  such  assist- 
ant postmaster  and  so  employed,  the  said then  and 

there  did  have,  receive,  and  take  into  his  possession  divers 
notes  of  the  national-bank  currency  of  the  said  United  States, 
and  divers  United-States  notes,  treasury-notes,  legal-tender 
notes  and  silver-certificates,  of  the  paper  currency  emitted  by 
the  said  United  States,  and  divers  gold  coins,  silver  coins, 
copper-nickel  coins  and  copper  coins,  of  the  coinage  of  the 
said  United  States,  and  divers  foreign  silver  coins  by  law  re- 
ceivable at  the  post-offices  of  the  said  United  States,  amount- 


POSTAL   CRIMES.  265 

ing  in  the  whole  to  a  large  sura  of  money,  to  wit,  to  the  sum 

of ,  and  of  the  value  of ;  the  same  being  then  and 

there  the  moneys  and  property  of  the  said  United  States,  and 
a  portion  of  the  money-order  funds  of  the  said  United  States ; 
the  particular  kinds,  descriptions,  numbers,  amounts  and  val- 
ues of  which  said  national-bank  notes,  United-States  notes, 
treasury-notes,  legal-tender  notes,  silver-certificates,  gold  coins, 
silver  coins,  copper-nickel  coins,  copper  coins  and  foreign  sil- 
ver coins  respectively  the  grand  jurors  aforesaid  have  no 
means  of  knowing,  and  therefore  cannot  set  forth  in  this  in- 
dictment :  And  that  the  said the  same  national-bank 

notes,  United-States  notes,  .treasury-notes,  legal-tender  notes, 
silver-certificates,  gold  coins,  silver  coins,  copper-nickel  coins, 
copper  coins  and  foreign  silver  coins  then  and  there  unlaw- 
fully and  feloniously  did  convert  and  appro-  '  [§  4046,  R.  S.I 
priate  to  his  own  use,  and  thereby  embezzle;  against,  etc. 

No.  460  (3). 

-  was  employed  in  a  branch  of  the  postal  service  of  the 
said  United  States,  to  wit,  as  an  assistant  postmaster  in  and 

for  the  post-office  of  the  said  United  States  at aforesaid, 

and  had  temporary  custody  of  certain  moneys,  derived  from 
divers  sources,  and  then  and  there  by  law  parts  of  the  postal 
revenues  of  the  said  United  States,  that  is  to  say,  certain 
money  derived  from  the  sale  of  waste  paper  and  other  public 
property  of  the  Post-Office  Department  of  the  said  United 
States,  certain  other  money  derived  from  letter  postage,  cer- 
tain other  money  derived  from  book,  newspaper  and  pamphlet 
postage,  certain  other  money  derived  from  registered  letters, 
certain  other  money  derived  from  box-rents,  certain  other 
money  derived  from  postage-stamps  and  envelopes,  and  cer- 
tain other  money  derived  from  miscellaneous  sources  of  postal 
revenue,  (the  precise  amounts  of  money  so  derived  from  the 
several  sources  aforesaid  respectively  being  to  the  said  grand 
jurors  unknown,)  together  amounting  to  a  large  sum  of  money, 

to  wit,  the  sum  of  -  — ,  and  of  the  value  of ,  and  of  the 

moneys  and  property  of  the  said  United  States  then  and  there 
being:  And  that  the  said  -  -  then  and  there,  so  being 

such  assistant  postmaste?'  and  employed  as  in  this  count  afore- 


266  FORMS    ADAPTED   TO   CRIMINAL   CASES 

said,  and  so  -having  temporary  custody  of  the  moneys  in  this 
[§  4053,  R.  $.]  count  mentioned,  unlawfully  and  feloniously 
did  willfully  neglect  to  deposit  the  same  in  the  Treasury  of 
the  said  United  States,  or  in  any  other  depository  then  au- 
thorized to  receive  the  same,  and  thereby  the  same  moneys 
then  and  there  unlawfully  and  feloniously  did  embezzle; 
against,  etc. 

Indictment,  on  Sec.  4046,  R.  S.,  against  a  post-office  clerk, 
for  loaning  money-order  funds ;  and  against  the  person 
to  whom  they  were  loaned,  for  advising  the  loaning 
thereof. 

No.  461  (1). 

being  then  and  there  a  clerk  employed  in  the  business 

and  operations  of  a  money-order  office,  to  wit,  the  post-office 

of  the  said  United  States  at aforesaid,  unlawfully  did 

loan  to  W S.  G ,  late  of  the  city  and  district  afore- 
said, and  thereby  did  embezzle,  a  portion  of  the  money -order 
[§  4046,  R.  S.]  funds  of  the  said  United  States,  to  a  large 

amount,  to  wit,  to  the  amount  of ,  and  of  the  value  of 

;  and  that  the  said  "W S.  G then  and  there  un- 
lawfully did  advise  and  participate  in  the  said  unlawful  loan- 
[§  4046,  R.  $.]  ing  and  embezzlement  of  the  said  portion  of 

the  said  money-order  funds  by  the  said  E A.  M—   -  as 

aforesaid;  against,  etc. 

No.  462  (2). 

was  cashier  of  the  money-order  division  of  the  post- 
office  of  the  said  United  States  at aforesaid,  the  same 

being  then  and  there  a  money-order  office,  and  as  such  cashier 
was  employed  in  the  business  and  operations  of  the  said 

money-order  office ;  and  that  the  said  E A.  M then 

and  there,  while  he  was  so  employed,  did  have,  receive  and 
take  into  his  possession  divers  notes,  etc.  [as  in  No.  459,  to 
[§  4046,  R.  S.]  and  including  the  word  "embezzle"]:  And 
the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  fur- 
ther *  present,  that  the  said  "W S.  G ,  on  the  day  last 

i  See  No.  6,  note  14. 


POSTAL   CRIMES.  267 

aforesaid,  in  the  city  and  district  aforesaid,  unlawfully  did 
advise  and  participate  in  the  said  unlawful  conversion  and  em- 
bezzlement of  the  last-mentioned  portion  of  the  said  money- 
order  funds  by  the  said  E A.  M as  [§  4046,  R.  S.] 

aforesaid:  Against,  etc. 

No.  463  (3). 

being  then  and  there  a  clerk  employed  in  and  con- 
nected with  the  business  and  operations  of  a  money-order 

office,  to  wit,  the  post-office  of  the  said  United  States  at 

aforesaid,  unlawfully  did  loan  to  the  said  W S.  G , 

and  thereby  did  embezzle,  a  certain  other  [§  4046,  R.  S.] 
portion  of  the  money-order  funds  of  the  said  United  States, 

to  a  large  amount,  to  wit,  to  the  amount  of ,  and  of  the 

value  of  -    — ;  and  that  the  said  "W S.  G then  and 

there  unlawfully  did  advise  and  participate  in  the  said  unlaw- 
ful loaning  and  embezzlement  of  the  said  [§  4046,  R.  S.] 
last-mentioned  portion  of  the  said  money-order  funds  by  the 
said  E A.  M as  aforesaid :  Against,  etc. 


Indictment,  on  Sec.  4053,  R.  S.,  for  neglecting  to  deposit 
postal  revenues;  with  a  count  on  Sec.  1,  Act  Mar.  3, 
1875,  (1  Supp.  R.  S.,  2d  Ed.,  88,)  for  embezzling  public 
moneys;  and  with  a  count  on  Sec.  5497,  R.  S.,  for 
using  and  thereby  embezzling  public  money;  and  with 
a  count  on  the  amendment  to  Sec.  5497,  R.  S.,  (Act 
Feb.  3,  1879, 1  Supp.  R.  S.,  2d  Ed.,  213,)  against  an  as- 
sistant of  a  postmaster,  for  converting  money  received 
in  office. 

No.  464  (1). 

-  then  and  there  being  a  person  employed  in  a  branch 
of  the  postal  service  of  the  said  United  States,  to  wit,  as  a 
cleric  [designated  as  weighing  second-class  mails]  in  the  post- 
office  there,  and  having  temporary  custody  of  certain  money 
derived  from  postages  on  mail-matter  received  for  mailing  at 
the  said  post-office,  feloniously  did  willfully  neglect  to  deposit 
the  said  money  in  the  Treasury  of  the  said  [§  4053,  R.  S.] 
United  States,  or  in  any  other  depository  authorized  to  re- 


268  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

ceive  the  same,  and  thereby  the  said  money,  amounting  to  a 

large  sum,  to  wit,  the  sum  of ,  and  of  that  value,  of  the 

moneys  and  property  of  the  said  United  States,  then  and 
there  (to  wit,  in  the  city  and  district  aforesaid,)  feloniously 
did  embezzle ;  against,  etc. 

No.  465  (2). 

-  further  present,  that  the  said ,  before  and  at 

the  time  of  the  committing  of  the  offense  hereinafter  next  men- 
tioned, at  aforesaid,  in  the  district  aforesaid,  was  em- 
ployed as  a  clerk  in  the  post  office  of  the  said  United  States 
there,  and  by  virtue  and  under  color  of  such  his  employment, 
and  while  he  was  so  employed,  there  received  and  took  into 
his  possession  certain  money  which  then  was  by  law  part  of 
the  postal  revenues  of  the  said  United  States,  that  is  to  say, 
divers  notes  of  the  national-bank  currency  of  the  said  United 
States,  and  divers  United-States  notes,  treasury-notes,  legal- 
tender  notes  and  silver-certificates,  of  the  paper  currency 
emitted  by  the  said  United  States,  and  divers  gold  coins, 
silver  coins,  copper-nickel  coins  and  copper  coins,  of  the  coin- 
age of  the  said  United  States,  (the  particular  kinds,  descrip- 
tions, numbers,  amounts  and  values  of  which  said  national- 
bank  notes,  United-States  notes,  treasury-notes,  legal-tender 
notes,  silver-certificates,  gold  coins,  silver  coins,  copper-nickel 
coins  and  copper  coins  respectively  the  grand  jurors  afore- 
said have  no  means  of  knowing,  and  therefore  cannot  herein 
set  forth,)  in  the  whole  amounting  to  a  large  sum  of  money, 

to  wit,  the  sura  of  -  — ,  and  of  the  value  of  ,  of  the 

moneys  and  property  of  the  said  United  States  then  and  there 
being:  And  that  the  said ,  on  the day  of , 


in  the  year  of  our  Lord  eighteen  hundred  and ,  within 

the  city  and  district  aforesaid,  so  then  and  there  being  em- 
ployed, and  having  received  and  taken  into  his  possession  the 
money  in  this  count  aforesaid,  feloniously  did  willfully  neglect 
[§  4053,  R.  S.]  to  deposit  the  same  money  in  the  Treas- 
ury of  the  said  United  States,  or  in  any  other  depository  au- 
thorized to  receive  the  same,  and  then  and  there  (to  wit,  in 
the  city  and  district  aforesaid,)  feloniously  did  purloin  and 
embezzle  the  same  money,  and  fraudulently  convert  the  same 
to  his  own  use;  against,  etc. 


POSTAL   CRIMES.  269 

No.  466  (3). 

feloniously  did  embezzle  and  purloin  divers  moneys,  to 

a  large  amount  and  of  great  value,  to  wit,  to  the  amount  and 

of  the  value  of ,  (the  several   [Sec.  1,  Act  of  Mar.  3, 1875.] 

kinds,  descriptions,  denominations  and  values  whereof  the 
grand  jurors  aforesaid  have  no  means  of  ascertaining,  and  there- 
fore cannot  particularly  herein  set  forth,)  of  the  moneys  and 
property  of  the  said  United  States  then  and  there  being; 
against,  etc. 

No.  467  (4). 

(not  being  then  and  there  an  authorized  depositary  of 

public  moneys,)  unlawfully  did  use,  convert,  appropriate  and 
apply  to  and  for  his  own  personal  and  [§  5497,  R.  S.] 
private  purposes,  (and  not  for  any  purpose  prescribed  by  law,) 
certain  public  money  of  the  said  United  States,  to  the  amount 

and  of  the  value  of  a  large  sum  of  money,  to  wit,  the  sum  of , 

and  thereby  the  same  public  money  then  and  there  feloniously 
did  embezzle;  against,  etc. 

No.  468  (5). 

being  then  and  there  an  assistant  of  an  officer  of  the 

said  United  States,  to  wit,  a  clerk  and  assistant  (duly  sworn 

and  qualified)  of  the  postmaster  at aforesaid,  feloniously 

did  embezzle  and  wrongfully  convert    [§  5497,  B.  S.,  as  am.] 

to  his  (the  said  J T.  S Js)  own  use  certain  money  and 

property  which  then  and  there  had  come  into  his  possession 
and  under  his  control  in  the  execution  of  his  office  and  em- 
ployment as  such  clerk  and  assistant,  and  under  color  and 
claim  of  authority  as  such  cleric  and  assistant,  that  is  to  say, 
divers  United-States  notes,  treasury-notes,  legal-tender  notes, 
silver-certificates  and  national-bank  notes,  emitted  by  and 
under  authority  of  the  said  United  States,  and  divers  gold 
coins,  silver  coins,  copper-nickel  coins  and  copper  coins,  of  the 
coinage  of  the  said  United  States,  (a  more  particular  descrip- 
tion of  which  several  notes  and  coins  the  grand  jurors  afore- 
said are  unable  to  set  forth,)  together  amounting  to  a  large 
sum,  to  wit,  the  sum  of ,  and  of  the  value  of .  of  the 


270  FORMS   ADAPTED    TO   CRIMINAL   CASES. 

moneys  and  property  of  the  said  United  States  [or,  of  one 

— ;  or,  of  a  certain  corporation  called ,]  then  and 

there  being;  against,  etc. 


Indictment,  on  Sec.  4053,  R.  S.,  against  a  postmaster,  for 
neglecting  to  deposit  postal  revenues ;  with  counts  on 
Sec.  5488,  R.  S.,  for  converting  public  money  to  his 
own  use,  being  a  disbursing  officer ;  and  with  counts 
on  Sec.  5490,  R.  S.,  for  failing  to  keep  safely  public 
money,  and  depositing  the  same  in  an  unauthorized 
bank,  being  custodian  of  such  money. 

No.  469  (1). 

was  postmaster  of  the  said  United  States  at afore- 
said, and  had  temporary  custody  of  certain  moneys  of  the 
said  United  States,  derived  from  divers  sources,  and  then  and 
there  by  law  parts  of  the  postal  revenues  of  the  said  United 
States,  that  is  to  say,  certain  money  derived  from  the  sale  of 
waste  paper  and  other  public  property  of  the  Post-Office  De- 
partment of  the  said  United  States,  certain  other  money  de- 
rived from  letter-postage,  certain  other  money  derived  from 
book,  newspaper  and  pamphlet  postage,  certain  other  money 
derived  from  registered  letters,  certain  other  money  derived 
from  box-rents  and  branch  offices,  certain  other  money  de- 
rived from  postage-stamps  and  envelopes,  certain  other  money 
derived  from  money-order  business,  and  certain  other  money 
derived  from  miscellaneous  sources  of  postal  revenue,  (the  pre- 
cise amounts  of  money  so  derived  from  the  several  sources 
aforesaid  respectively  being  to  the  said  grand  jurors  unknown,) 
amounting  in  the  whole  to  a  large  sum  of  money,  to  wit,  the 

sum  of ,  and  of  the  value  of ;  and  that  the  said  - 

then  and  there,  so  having  temporary  custody  of  the 

moneys  aforesaid,  as  such  postmaster  as  aforesaid,  unlawfully 
did  willfully  neglect  to  deposit  the  same  in  the  Treasury  of 
the  said  United  States,  or  in  any  other  depository  then  au- 
thorized to  receive  the  same.  And  so  the  grand  jurors  afore- 
said, upon  their  oath  aforesaid,  do  say,  that  the  said 

then  and  there,  so  being  such  postmaster  and  having  tempo- 


POSTAL   CRIMES.  271 

rary  custody  of  the  said  moneys  as  aforesaid,  in  manner  and 
form  aforesaid,  the  said  moneys  unlawfully  [§  4053,  R.  S.] 
did  embezzle ;  against,  etc. 

No.  470  (2). 

was  postmaster  of  the  said  United  States  at afore- 
said, and  as  such  postmaster  was  then  and  there  a  disbursing 

officer  of  the  said  United  States;  and  that  the  said 

then  and  there  unlawfully  did  convert  to  his  own  use,  and 
thereby  embezzle,  certain  other  public  money  [§  5488,  R.  S.] 
of  the  said  United  States,  then  and  there  intrusted  to  him 
as  such  postmaster  as  aforesaid,  and  amounting  to  a  large 

sum  of  money,  to  wit,  the  sum  of ,  and  of  the  value  of 

;  against,  etc. 

No.  471  (3). 

was  a  disbursing  officer  of  the  said  United  States,  to  wit, 

postmaster  of  the  said  United  States  at aforesaid ;  and  that 

the  said then  and  there,  while  he  was  such  disburs- 
ing officer,  and  by  virtue  of  that  office,  did  have,  receive,  and 
take  into  his  possession  divers  other  moneys,  divers  notes  of 
the  national-bank  currency  of  the  said  United  States,  divers 
United-States  notes,  divers  United-States  legal-tender  notes, 
divers  United-States  silver-certificates,  and  divers  gold  coins, 
silver  coins,  copper-nickel  coins  and  copper  coins,  of  the  coin- 
age of  the  said  United  States,  and  divers  foreign  silver  coins 
by  law  receivable  at  the  post-offices  of  the  said  United  States, 
amounting  in  the  whole  to  a  large  sum  of  money,  to  wit,  the 

sum  of ,  and  of  the  value  of , —  the  same  being  then 

and  there  the  moneys  and  property  of  the  said  United  States, 
and  public  money  intrusted  to  the  said -  as  such  dis- 
bursing officer  as  aforesaid ;  the  particular  kinds,  descriptions, 
numbers,  amounts  and  values  of  which  said  moneys,  national- 
bank-currency  notes,  United-States  notes,  United-States  legal- 
tender  notes,  United-States  silver-certificates,  gold  coins,  silver 
coins,  copper-nickel  coins,  copper  coins  and  foreign  silver  coins 
respectively  the  grand  jurors  aforesaid  have  no  means  of  know- 
ing, and  therefore  cannot  set  forth  in  this  indictment :  And 
that  the  said the  same  moneys,  national-bank-cur- 


2  72  FORMS    ADAPTED  TO   CRIMINAL   CASES. 

rency  notes,  United-States  notes,  United-States  legal-tender 
notes,  United-States  silver-certificates,  gold  coins,  silver  coins, 
copper-nickel  coins,  copper  coins  and  foreign  silver  coins  then 
[§  5488,  R.  S.]  and  there  unlawfully  did  convert  to  his  own 
use,  and  embezzle;  against,  etc. 

No.  472  (4). 

was  an  officer  charged  by  the  laws  of  the  said  United 

States  with  the  safe-keeping  of  the  public  moneys  of  the  said 
United  States,  to  wit,  postmaster  of  the  said  United  States  at 
aforesaid,  and  was  as  such  postmaster  then  and  there  in- 
trusted with  certain  other  public  moneys  of  the  said  United 

States,  to  a  large  amount,  to  wit,  to  the  amount  of ,  and 

of  the  value  of ;  and  that  the  said then  and 

there  unlawfully  did  fail  safely  to  keep  the  public  moneys  last 
aforesaid,  without  loaning  or  using  the  same,  or  converting 
the  same  to  his  own  use,  or  depositing  the  same  in  banks,  or 
exchanging  the  same  for  other  funds  than  as  specially  allowed 
by  law,  and  the  same  public  moneys  then  and  there  unlaw- 
[§  5490,  R.  S.]  fully  did  convert  to  his  own  use,  and  thereby 
embezzle:  against,  etc. 

No.  4T3  (5). 

being  then  and  there  postmaster  of  the  said  United 

States  at aforesaid,  and  as  such  postmaster  an  officer 

charged  by  the  laws  of  the  said  United  States  with  the  safe- 
keeping, transfer  and  disbursement  of  the  public  moneys  of 
the  said  United  States,  was  as  such  postmaster  intrusted  with 
certain  other  public  moneys  of  the  said  United  States,  to  a 

large  amount,  to  wit,  to  the  amount  of ,  and  of  the  value 

of ;  and  that  the  said then  and  there  unlaw- 
fully did  fail  to  keep  safely  the  public  moneys  last  aforesaid, 
without  loaning  or  using  the  same,  or  converting  the  same  to 
his  own  use,  or  depositing  the  same  in  banks,  or  exchanging 
the  same  for  other  funds  than  as  specially  allowed  by  law, 
and  the  same  public  moneys  then  and  there  unlawfully  did 

deposit  in  a  certain  bank  there  situate,  called  the Bank, 

of  -  — ,  the  same  not  being  then  and  there  a  place  authorized 
by  law  for  the  deposit  of  the  public  moneys  last  aforesaid. 


POSTAL  CRIMES.  273 

And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 

do  say,  that  the  said ,  then  and  there,  so  being  such 

postmaster  and  officer  as  in  this  count  aforesaid,  in  manner 
and  form  in  this  count  set  forth,  the  [§  5490,  (5488,)  R.  S.] 
last-mentioned  public  moneys  unlawfully  did  embezzle ;  against, 
etc. 


Indictment,1  on  Sec.  3982,  R.  S.,  for  establishing  a  private 
express  for  the  conveyance  of  letters. 

No.  474. 

unlawfully  did  establish  a  certain  private  express,  called 

A 's  City  Dispatch,  for  the  conveyance  of     [§  3982,  R.  S.] 

letters  and  packets,2  by  regular  trips  and  at  stated  periods, 
over  certain  post-routes  then  established  by  law,  that  is  to 
say,  over  the  several  letter-carrier  routes  then  established  in 
the  said  city  of for  the  collection  and  delivery  of  mail- 
matters;  against,  etc. 


Indictment,1  on  Sec.  5  of  the  Act  of  Mar.  3, 1877,  (1  Supp. 
R.  S.,  2d  Ed.,  136,)  for  using  an  official  envelope  for 
private  mail-matter. 

No.  475. 

having  then  and  there  in  h —  possession  a  certain 

official  envelope,  bearing  the  words  "  Official  Business,"  and 
also  bearing  an  endorsement  over  those  words,  as  follows,  to 
wit,  "Treasury  Department,  II.  S.  Internal  Revenue  Service, 

Collector's  Office, District, ,"  unlawfully  did  make  use 

of  the  said  official  envelope  to  [Sec.  5,  Act  Mar.  3,  1877.] 
avoid  the  payment  of  postage  on  a  private  letter  of  h —  the 
said ;  against,  etc. 

1  As  to  indicting  for  penalties,  see  No.  115,  note. 

2  Packets  construed  to  mean  first-class  matter.    Op.  Asst.  Atty.  Gen.  26 
Aug.,  1873.    Postal  Laws  &  Reg.,  1879,  p.  330.    See,  also,  1  Supp.  R  S.,  3d 
Ed.,  245,  Ch.  180,  Par.  1. 

1  See  No.  474,  note  \ 
18 


274  FORMS   ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  1  of  the  Act  of  June  17, 1878,  (1  Supp. 
II .  s . .  2d  Ed.,  186,)  against  a  postmaster,  for  making  a 
false  return  to  increase  his  compensation. 

No.  476. 

—  present,  that ,  late  of  the  county  of ,  in 

the  said  district,  before  and  on  the day  of ,  in  the 

year  of  our  Lord  eighteen  hundred  and ,  and  thenceforth 

until  and  on  the day  of ,  in  the  same  year,  in  the 

county  and  district  aforesaid,  was  postmaster  of  the  post-office 
of  the  said  United  States  at ,  in  the  said  county  and  dis- 
trict, the  same  during  that  period  being  a  post-office  of  the 
fourth,  class :  And  that  the  said ,  so  being  such  post- 
master as  aforesaid,  on  the day  of ,  in  the  year  of 

our  Lord  eighteen  hundred  and ,  in  the  county  and  dis- 
trict aforesaid,  for  the  purpose  of  fraudulently  increasing  his 
compensation  as  such  postmaster  under  the  act  of  the  Con- 
gress of  the  said  United  States  entitled  "  An  act  making  ap- 
propriations for  the  service  of  the  Post-Office  Department  for 
the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
seventy-nine,  and  for  other  purposes,"  approved  the  seven- 
teenth day  of  June,  in  the  year  of  our  Lord  eighteen  hundred 
[Sec.  1.  Act  June  17,  1878.]  and  seventy-eight,  did  make  a 
certain  false  return  to  the  Auditor  of  the  Treasury  for  the 
Post-Office  Department  of  the  said  United  States,  that  is  to 
sa}r,  a  certain  false  return  of  the  amount  of  postage-stamps, 
stamped  envelopes,  postal  cards,  and  newspaper  and  periodical 
stamps  canceled  as  postages  on  matter  actually  mailed  at  the 
said  post-office,  and  of  postage-due  stamps  canceled  in  pay- 
ment of  undercharges  and  unpaid  postages  upon  matter  de- 
livered at  the  said  post-office,  during  the  quarter  ending  the 

day  of ,  in  the  said  }*ear  eighteen  hundred  and ; 

by  which  said  return  that  amount  appeared  and  was  alleged 

to  be dollars  and cents;  which  said  return,  at  the 

time  it  was  so  made  as  aforesaid,  was  false  in  this,  that  the 
amount  of  postage-stamps,  stamped  envelopes,  postal  cards, 
and  newspaper  and  periodical  stamps  canceled  as  postage  on 
matter  actually  mailed  at  the  said  post-office,  and  of  postage- 


POSTAL   CRIMES.  275 

due  stamps  canceled  in  payment  of  undercharges  and  unpaid 
postages  upon  matter  delivered  at  the  said  post-office,  during 

the  quarter  aforesaid,  was  not dollars  and cents,  or 

any  such  sum  of  money,  but  was  a  different  and  much  smaller 

sum,  as  he  the  said ,  at  the  time  of  making  the  said  return 

as  aforesaid,  there  well  knew :  Against,  etc. 


CRIMES  RELATING  TO  MERCHANT  SEAMEN. 


Indictment,  on  Sec.  45%,  R.  8.,  against  a  merchant  sea- 
man,  for  deserting  from  his  yessel. 

No.  477. 

being  then  and  there  a  seaman  who  before  that  time 

had  been,  and  then  still  was,  lawfully  engaged  as  such  on 
board  of  a  certain  American  vessel,  to  wit,  a  certain  schooner 

called  the (the  same  then  belonging  to and 

— ,  citizens  of  the  said  United  States,)  unlawfully  did 
[§  45%,  R.  S.]    desert  from  the  said  vessel;  against,  etc. 


Indictment,  on  Sec.  45%,  R.  S.,  against  a  merchant  sea- 
man, for  disobeying  a  command  of  the  master  and  for 
assaulting  the  master. 

No.  478  (1). 

on  the  high  seas,  out  of  the  jurisdiction  of  any  partic- 
ular state  or  judicial  district  of  this  Union,  on  waters  within 
the  admiralty  and  maritime  jurisdiction  of  the  said  United 

States,  to  wit,  on  ,  and  writhin  the  jurisdiction  of  this 

court,  on  board  of  a  certain  merchant-vessel  of  the  said  United 

States,  whereof  one  E M.  F was  then  and  there 

master,  to  wit,  a  certain  American  schooner  called  the , 

was  a  seaman  who  theretofore  had  been,  and  still  was,  law- 
fully engaged  as  such  on  board  of  the  said  vessel :  And  that 
the  said then  and  there,  so  being  such  seaman  law- 
fully engaged  as  aforesaid,  on  board  of  the  said  vessel,  unlaw- 
[§  4596,  R.  S.]  fully  did  willfully  disobey  a  lawful  command 

of  the  said  E —    -  M.  F ,  so  then  and  there  being  such 

master  thereof  as  aforesaid,  that  is  to  say,  a  certain  lawful 
command  of  the  said  E M.  F ,  to  him  the  said 


CRIMES   RELATING   TO   MERCHANT   SEAMEN.  277 

,  to  ;   against   the  peace  and  dignity  of  the  said 

United  States,  and  contrary  to  the  form  of  the  statute  of  the 
same  in  such  case  made  and  provided.  And  the  grand  jurors 
aforesaid,  upon  their  oath  aforesaid,  do  further  present,  that 

the  said District  of is  the  district  in  which  the  said 

was  found,1  and  first  apprehended  for  the  said  offense. 

No.  479  (2). 

on ,  out  of  the  jurisdiction  of  any  particular  state 

or  district  of  this  Union,  on  waters  within  the  admiralty  and 
maritime  jurisdiction  of  the  said  United  States,  on  board  of  a 

certain  American  vessel,  to  wit,  a  certain called  the , 

(the  same  then  and  there  belonging  to  A B and 

C D ,  [or,  certain  persons,  whose  names  are  to  the 

said  grand  jurors  as  yet  unknown,]  then  citizens  of  the  said 
United  States,)  was  a  seaman  who  theretofore  had  been,  and 
still  was,  lawfully  engaged  as  such  on  board  of  the  same  ves- 
sel :  And  that  the  said  — then  and  there,  so  being 

such  seaman  lawfully  engaged  as  aforesaid,  on  board  of  the 

same  vessel,  with  force  and  arms,  in  and  upon  one  E M. 

F ,  then  and  there  being  master  of  the  same  vessel,  un- 
lawfully did  make  an  assault,  and  him  the  [§  4596,  K.  8.] 
said  E M.  F then  and  there  did  beat,  wound  and  ill- 
treat,  and  other  wrongs  to  him  then  and  there  did ;  against 
the  peace  and  dignity  of  the  said  United  States,  and  contrary 
to  the  form  of  the  statute  of  the  same  in  such  case  made  and 
provided.  And  the  grand  jurors  aforesaid,  upon  their  oath 
aforesaid,  do  further  present,  that  the  said  District  of 

— ,  in  the Circuit,  is  the  district  in  which  the  said 

was  found,1  and  first  apprehended  for  the  offense  last 


aforesaid. 


See  No.  223  (3),  note  1. 


278  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

Complaint;  on  Sec.  4596,  R.S.,  by  master  of  merchant-ves- 
sel, against  one  of  the  crew,  for  combining  with  others 
to  disobey  commands,  and  for  assaulting  the  master. 

No.  480. 

makes  oath  and  says  that ,  on  or  about  the 

day  of ,  A.  D.  189-,  on  the  high  seas,1  on  waters  within 


the  admiralty  and  maritime  jurisdiction  of  the  United  States 
of  America,  and  out  of  the  jurisdiction  of  any  particular  state 
thereof,  being  then  and  there  a  seaman  lawfully  engaged  on 
board  of  a  certain  American  vessel,  and  one  of  the  crew  thereof, 

to  wit,  the  schooner ,  unlawfully  did  combine  with  others 

[§  4596, R.  S.]  of  the  said  crew  to  disobey  lawful  commands 
of  this  affiant,  then  master  of  the  said  vessel;  and  also  then 
[§  45%,  R.  S.]  and  there  unlawfully  did  assault,  beat  and 
wound  this  affiant,  so  then  and  there  being  master  of  the  said 
vessel  as  aforesaid :  contrary,  etc. 

i  See  No.  221  (2),  note  2. 


CRIMES  UNDER  CUSTOMS  LAWS. 


Indictment,  on  Sec.  3082,  R.  S.,  for  receiving  and  selling 
merchandise  imported  contrary  to  law ;  with  a  count 
on  Sec.  2865,  R.  $.,  for  smuggling  the  same. 

No.  481  (1). 

unlawfully  did  receive,  conceal,  sell,  and  facilitate  the 

transportation,  concealment  and  sale  of,  cer-     [§  3082,  R.  S.] 

tain  merchandise,  to  wit,  ,  then  lately  before  imported 

into  the  said  United  States,  and  upon  such  importation  sub- 
ject to  the  payment  of  duties  to  the  said  United  States,  and 
fraudulently  imported  as  aforesaid  contrary  to  law,  that  is  to 
say,  without  payment  of  the  duties  aforesaid ; l  — h —  the  said 

,  at  the  time  of  so  receiving,  concealing  and  selling 

the  said  merchandise,  and  facilitating  the  transportation,  con- 
cealment and  sale  thereof,  there  well  knowing  the  same  to 
have  been  imported  contrary  to  law :  against,  etc. 

No.  482  (2). 

certain  merchandise,  to  wit, ,  the  same  then  and 

there  being  merchandise  subject  to  duty  by  law,  and  which 
should  have  been  invoiced,  unlawfully  did  knowingly  and  will- 
fully smuggle  and  clandestinely  introduce  [§  2865,  R.  S.] 
into  the  said  United  States,  without  paying  or  accounting  for 
the  duty  to  which  the  same  merchandise  was  so  then  and 
there  subject  as  aforesaid,  with  intent  to  defraud  the  revenue 
of  the  said  United  States ;  against,  etc. 

1  The  indictment  ought  to  state  wherein  the  importation  was  illegal  U.  S. 
v.  Kee  Ho  et  ai,  33  F.  R  83& 


280  FOBMS   ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  3082,  R.  S.,  for  receiving,  buying,  sell- 
ing, and  facilitating  the  transportation  and  sale  of 
merchandise  imported  contrary  to  law. 

No.  483  (1). 

unlawfully  did  receive,  buy,  sell,  and  facilitate  the 

[§  3082,  R.  S.]  transportation  and  sale  of,  certain  merchan- 
dise, to  wit,  six  horses  and  four  mares,  then  lately  before  im- 
ported into  the  said  United  States,  and  upon  such  importation 
subject  to  the  payment  of  duties  to  the  said  United  States, 
and  fraudulently  imported  as  aforesaid  contrary  to  law,  that 
is  to  say,  without  payment  of  the  duties  aforesaid;  — h —  the 

said ,  at  the  time  of  so  receiving,  buying  and  selling 

the  said  merchandise,  and  facilitating  the  transportation  and 
sale  thereof,  there  well  knowing  the  same  to  have  been  im- 
ported contrary  to  law :  against,  etc. 

No.  484  (2). 

further  present,  that  heretofore,  to  wit,  on  the 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

,  certain  other  goods  and  merchandise,  that  is  to  say, 

four  other  mares,  then  brought  from  • into  the  said  United 

States,  at ,  in  the  state  of ,  and  subject  to  the  pay- 
ment of  duties  to  the  said  United  States,  were  fraudulently 
invoiced  and  entered  at,  and  passed  through,  the  custom-house 
of  the  said  United  States  there,  without  payment  of  such 
duties,  as  animals  specially  imported  for  breeding  purposes, 
and  therefore  free  of  duties;  whereas  in  truth  and  in  fact  the 
last-mentioned  mares,  when  so  brought  in,  invoiced,  entered 
and  passed  as  aforesaid,  were  not  animals  specially  imported 
for  breeding  purposes,  and  were  subject  to  the  payment  of 
duties  to  the  said  United  States;  by  which  means,  then  and 
there,  payment  of  the  said  duties  on  the  last-mentioned  goods 
and  merchandise  was  fraudulently  evaded,  and  the  same  goods 
and  merchandise  were  fraudulently  imported  into  the  said 
United  States  contrary  to  law.1  And  the  grand  jurors  afore- 

1  Inasmuch  as  invoices  are  required  to  be  made  out  in  the  country  from 
whence  the  merchandise  is  imported,  a  fraudulent  invoicing  does  not 
"occur  after  the  importation  is  accomplished"  ordinarily,  as  stated  in  U.  S. 
v.  Kee  Ho  et  aL,  33  F.  R  33a 


CRIMES   UNDER   CUSTOMS    LAWS.  28i 

said,  upon  their  oath  aforesaid,  do  further2  present,  that  the 

said ,  after  the  importation  of  the  last-mentioned 

goods  and  merchandise  as  aforesaid,  to  wit,  on  the day  of 

,  in  the  same  year  eighteen  hundred  and ,  at 

aforesaid,  in  the  district  aforesaid,  well  knowing  the  same  to 
have  been  imported  contrary  to  law,  unlawfully  did  receive, 
buy  and  sell  the  same  goods  and  merchandise,  [§  3082,  R.  S.] 
and  facilitate  the  transportation  and  sale  thereof;  against, 
etc. 

No.  485  (3). 

further  present,  that  heretofore,  to  wit,  on  the  

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

,  certain  other  goods  and  merchandise,  that  is  to  say,  six 

other  horses,  then  brought  from into  the  said  United  States, 

at ,  in  the  state  of  ,  and  subject  to  the  payment  of 

duty  ad  valorem  to  the  said  United  States,  were  fraudulently 
invoiced  and  entered  at,  and  passed  through,  the  custom-housa 
of  the  said  United  States  there,  as  being  then  and  there  to- 
gether of  the  dutiable  value  of dollars ;  whereas  in  truth 

and  in  fact  the  dutiable  value  of  the  last-mentioned  horses 
together,  when  so  brought  in,  invoiced,  entered  and  passed  as 

aforesaid,  was  not dollars,  but  was  a  different  and  much 

greater  sum  of  money;  by  which  means,  then  and  there,  pay- 
ment of  a  part  of  the  duty  then  legally  payable  as  aforesaid 
on  the  last-mentioned  goods  and  merchandise  was  fraudulently 
evaded,  and  the  same  goods  and  merchandise  were  fraudulently 
imported  into  the  said  United  States  contrary  to  law.  And 
the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  fur- 
ther present,  that  the  said ,  after  the  importation  of 

the  last-mentioned  goods  and  merchandise  as  aforesaid,  to  wit, 

on  the day  of ,  in  the  same  year  eighteen  hundred 

and ,  at aforesaid,  in  the  district  aforesaid,  well  know- 
ing the  same  to  have  been  imported  contrary  to  law,  unlaw- 
fully did  receive,  buy  and  sell  the  same  goods  and  merchandise, 
and  facilitate  the  transporation  and  sale  [§  3082,  R.  S.] 
thereof;  against,  etc. 

2  See  No.  6,  note  14. 


282  FORMS    ADAPTED   TO   CRIMINAL   OASES. 


Indictment,  on  Sec.  3105,  R.  S.,  for  breaking  seals  and 
wires  on  a  consular  sealed  car. 

No.  486  (1). 

being  then  and  there  unauthorized  persons,  unlawfully 

[§  3105,  B.  S.]  did  willfully  break,  cut,  pick,  open  and  re- 
move certain  wires,  seals  and  leads  then  and  there  attached 
to  a  certain  railway-car;  the  same  then  and  there  being  wires, 
seals  and  leads  attached  to  the  said  car  under  and  by  virtue 
of  Title  XXXIV.  of  the  Kevised  Statutes  of  the  said  United 
States,  and  under  and  by  virtue  of  regulations  authorized  by 
that  title  and  before  that  time  duly  made  in  that  behalf  by 
the  Secretary  of  the  Treasury  of  the  said  United  States: 
Against,  etc. 

No.  487  (2). 


being  then  and  there  unauthorized  persons,  unlawfully 

[§  3105,  R.  S.]  did  willfully  break,  cut,  pick,  open  and  re- 
move a  certain  consular  seal,  lead  and  wire  then  and  there 
attached  to  a  certain  railway-car;  the  same  then  and  there 
being  a  consular  seal,  lead  and  wire  attached  to  the  last-men- 
tioned car  under  and  by  virtue  of  Title  XXXIY.  of  the  Re- 
vised Statutes  of  the  said  United  States,  and  certain  regula- 
tions authorized  by  that  title  and  before  that  time  duly  made 
by  the  Secretary  of  the  Treasury  of  the  said  United  States : 
Against,  etc. 


CRIMES  UNDER  INTERNAL-REVENUE 
LAWS. 


Indictment,  on  Sec.  3169,  R.  S.,  against  a  ganger,  for  per- 
mitting owners  of  a  distillery  to  remoTe  spirits  on  which 
tax  had  not  been  paid,  to  a  place  other  than  the  distil- 
lery-warehouse. 

tfo.  488. 

was  a  ganger  in  and  for  the Collection-District  of 

the  said  state  of ,  duly  appointed  and  acting  under  the 

internal-revenue  law  of  the  said  United  States,  and  duly  as- 
signed for  duty  as  such  gauger,  by  the  collector  of  internal 
revenue  of  the  said  United  States  for  the  said  collection-dis- 
trict, at  the  distillery  of  O—  -B.  D and  G T.  B ,. 

there  situate ;  and  that  the  said then  and  there,  so 

being  such  gauger,  and  assigned  and  acting  as  such  at  the  said 
distillery,  as  aforesaid,  unlawfully  and  de-  [§  3169,  R.  S.] 

signedly  did  permit  the  said  O B.  D and  G T. 

B to  remove  from  the  said  distillery  a  large  quantity,  to 

wit, gallons,  of  distilled  spirits  theretofore  produced  at 

the  said  distillery,  and  then  subject  to  tax  under  the  said  inter- 
nal-revenue law,  to  a  place  other  than  the  distillery- warehouse 
provided  by  law  for  the  said  spirits,  without  the  said  tax  on 
the  said  spirits  being  paid ;  the  place  to  which  the  said  spirits 
were  so  removed  being  to  the  grand  jurors  aforesaid  un- 
known ;  against,  etc. 


284  FORMS  ADAPTED   TO  CRIMINAL  CASES. 

Indictment^  on  Sec.  3169,  B.  S.,  against  internal-revenue 
storekeeper,  for  permitting  others  to  remove  spirits 
from  a  distillery  without  payment  of  the  tax;  and  for 
conspiring  and  colluding  with  others  to  defraud  the 
United  States  of  internal-revenue  tax  in  divers  ways. 

No.  489  (1). 

-  was  an  internal-revenue  storekeeper  in  and  for  the 
Collection-District  of ,  duly  appointed  under  the  au- 
thority of  the  internal-revenue  law  of  the  said  United  States, 
and  assigned  for  duty  and  acting  as  such  storekeeper,  under 

the  authority  aforesaid,  at  the  distillery  of  one  0 H. 

C ,  situate  at aforesaid ;  and  that  the  said 

then  and  there  unlawfully  and  designedly  did  pormit  the  said 

C—  -  H.  C to  remove  from  the  said  distillery  a  large 

[§  3169,  B.  S.]  quantity,  to  wit,  proof-gallons,  of  dis- 
tilled spirits,  produced  at  the  said  distillery,  and  on  which  the 
internal-revenue  tax  imposed  by  law  had  not  then  been  paid, 
to  some  place  to  the  said  grand  jurors  unknown,  other  than 
the  distillery- warehouse  provided  by  law ;  against,  etc. 

No.  490  (2). 
was  an  internal-revenue  storekeeper  in  and  for  the 


Internal-Kevenue  Collection-District  of  the  state  of 


duly  appointed  under  the  authority  of  the  internal-revenue 
law  of  the  said  United  States,  and  assigned  for  duty  and  act- 
ing as  such  storekeeper,  under  the  authority  aforesaid,  at 

the  said  distillery  of  the  said  C H.  C ,  situate  at  — 

[§  3169,  B.  S.]    aforesaid;  and  that  the  said did 

then  and  there  unlawfully  and  negligently  permit  the  said 

C —  -  H.  C to  unlawfully  remove  a  large  quantity,  to  wit, 

proof-gallons,  of  distilled  spirits,  subject  to  tax  under 

the  provisions  of  the  internal-revenue  law  aforesaid,  without 
the  payment  of  such  tax,  from  the  distillery  aforesaid,  where 
the  said  spirits  were  produced,  to  some  place  to  the  said  grand 
jurors  unknown,  other  than  the  distillery-warehouse  provided 
by  law;  against,  etc. 


CRIMES   UNDER   INTERNAL-REVENUE   LAWS.  285 

No.  491  (3). 
was  an  internal-revenue  storekeeper  in  and  for  the 


Internal-Revenue  Collection-District  of  the  state  of 


duly  appointed  and  acting  under  the  authority  of  the  internal- 
revenue  law  of  the  said  United  States ;  and  the  said , 

being  such  storekeeper  as  aforesaid,  did  then  and  there  con- 
spire and  collude  with  the  said  C H.  [§  3169,  R.  8.] 

C ,  and  divers  other  persons  to  the  said  grand  jurors  un- 
known, to  unlawfully  remove  a  large  quantity,  to  wit, 

proof -gallons,  of  distilled  spirits,  subject  to  tax  under  the  pro- 
visions of  the  internal-revenue  law  of  the  said  United  States, 
without  the  said  tax  thereon  being  paid,  from  the  distillery 

of  the  said  C H.  C ,  at  aforesaid,  in  the  

District  of  aforesaid,  where  the  said  spirits  were  pro- 
duced, to  a  place  other  than  the  distillery-warehouse  provided 
by  law  for  the  said  spirits,  to  wit,  to  a  place  to  the  grand 
jurors  aforesaid  unknown,  and  thereby  to  defraud  the  said 
United  States  of  the  said  tax  on  the  same  spirits :  against,  etc. 

No.  492  (4). 

was  an  internal-revenue  storekeeper  in  and  for  the 

Internal-Revenue  Collection-District  of  the  state  of ,  duly 

appointed  and  acting  under  the  authority  of  the  internal- 
revenue  law  of  the  said  United  States;  and  that  the  said 

,  being  such  storekeeper  as  aforesaid,  did  then  and 

there  conspire  and  collude  with  one  H M.  C ,  and  di- 
vers other  persons  to  the  grand  jurors  aforesaid  unknown, 
to  unlawfully  put  upon  the  market  a  large  [§  3169,  R.  8.] 
quantity,  to  wit, proof -gallons,  of  distilled  spirits,  sub- 
ject to  tax  under  the  provisions  of  the  internal-revenue  law 
of  the  said  United  States,  without  the  said  tax  thereon  being 

paid,  from  the  distillery  of  the  said  C H.  C ,  at 

aforesaid,  in  the  Northern  District  of  aforesaid,  where 

the  said  spirits  were  produced,  and  thereby  to  defraud  the 
said  United  States  of  the  said  tax  on  the  said  spirits :  against, 
etc. 


286  FORMS   ADAPTED    TO   CRIMINAL   CASES. 

No.  493  (5). 

-  was  an  internal-revenue  storekeeper  in  and  for  the 
Internal-Kevenue  Collection-District  of  the  state  of , 


duly  appointed  and  acting  under  the  authority  of  the  inter- 
nal-revenue law  of  the  said  United  States ;  and  the  said 

— ,  being  such  storekeeper  as  aforesaid,  did  then  and  there 

[§  3169,  R.  S.]     conspire  and  collude  with  the  said  C .H. 

C and  H M.  C ,  and  divers  other  persons  to  the 

grand  jurors  aforesaid  unknown,  to  defraud  the  said  United 
States  of  the  internal-revenue  tax  then  payable  by  law  upon 
a  certain  large  quantity,  to  wit,  proof-gallons,  of  dis- 
tilled spirits,  produced  in  the  said  collection-district,  and  sub- 
ject to  the  tax  aforesaid,  and  upon  which  said  spirits  the  said 
tax  had  not  been  paid ;  against,  etc. 


Indictment,  on  Sec.  3177,  B.  S.,  for  obstructing  an  internal- 
revenue  officer  in  the  performance  of  his  duty ;  with  a 
count  on  Sec.  5447,  R.  S.,  for  assaulting  an  officer  au- 
thorized to  make  searches  and  seizures,  while  in  the 
execution  of  his  duty.. 

No.  494  (1). 

unlawfully  did  forcibly  obstruct  and  hinder  one  J 

[§  3177,  R.  S.]  S.  P ,  then  and  there  being  a  deputy  col- 
lector of  internal  revenue  for  the Internal-Revenue  Col- 
lection-District of ,  in  the  execution  of  a  power  and  au- 
thority in  him  then  and  there  vested  by  law,  that  is  to  say, 

while  the  said  J S.  P ,  in  the  performance  of  his  duty 

as  such  deputy  collector,  was  then  and  there  necessarily  visit- 
ing, in  the  day-time,  a  certain  building  where  an  object  liable 
to  internal-revenue  tax  was  then  kept,  to  wit,  where  the  busi- 
ness of  a  retail  liquor-dealer  and  the  business  of  a  dealer  in 

manufactured  tobacco  were  then  carried  on;  he  the  said 

then  and  there  well  knowing1  the  said  J S.  P 

to  be  such  deputy  collector,  and  engaged  in  the  performance 
of  his  duty,  as  aforesaid :  Against,  etc. 


1  Scienter  must  be  alleged.     U.  S.  v.  Taylor,  57  F.  R.  391.    See,  also,  Noe. 
99,  177,  264,  and  285,  note  1. 


CRIMES  UNDER  INTERNAL-KEVENUE  LAWS.  '        287 

ETo.  495  (2). 

unlawfully  did  forcibly  assault,  oppose,  prevent,  im- 
pede and  interfere  with  the  said  J S.  P ,  then  and 

there  being  a  deputy  collector  of  internal  [§  5447,  E.  S.] 
revenue  for  the Internal-Revenue  Collection-District  of 

— ,  in  the  execution  of  his  duty  as  such  officer,  that  is  to 

say,  while  the  said  J S.  P ,  so  then  and  there  being 

such  deputy  collector,  and  as  such  by  law  authorized  to  make 
searches  and  seizures,  was  then  and  there  in  the  execution  of 
his  duty  in  searching  for  persons  and  objects  liable  to  tax  un- 
der the  internal-revenue  laws  of  the  said  United  States ;  he 

the  said then  and  there  well  knowing  the  said  J 

S.  P to  be  such  deputy  collector,  and  engaged  in  the  per- 
formance of  his  duty,  as  in  this  count  aforesaid :  Against,  etc. 


Complaint/  on  Sec.  3177,  R.  S.,  against  owner  of  a  saloon, 
for  refusing  to  suffer  an  internal-revenue  officer  to  ex- 
amine his  place  of  business. 

No.  496. 

says,  that ,  of  the  same  city  and  district,  on 

the day  of ,  in  the  year  189-,  in  the  city  and  dis- 
trict aforesaid,  and  within  the  Internal-Revenue  Collec- 
tion-District of  ,  did  carry  on  the  business  of  a  retail 

liquor-dealer,  and  the  business  of  a  dealer  in  manufactured 
tobacco,  at  his  certain  place  of  business,  there  situate,  wherein 
certain  objects  subject  to  internal-revenue  tax,  to  wit,  dis- 
tilled spirits,  wines,  fermented  liquors,  manufactured  tobacco 
and  cigars,  were  then  kept ;  and  that  this  affiant,  being  then 
and  there  a  deputy  collector  of  internal  revenue  for  the  said 
collection-district,  did  then  and  there,  in  the  day-time,  enter 
the  said  place  of  business  of  the  said ,  for  the  pur- 
pose of  examining  the  said  objects,  in  pursuance  of  this  affi- 
ant's duty  as  such  deputy  collector,  it  being  then  and  there 
necessary  that  this  affiant  should  so  enter  the  said  place  of 
business  for  that  purpose ;  and  that  the  said ,  being 


1  As  to  prosecuting  for  penalties,  see  No.  115,  note. 


288  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

then  and  there  the  owner  of  the  said  place  of  business,  then 
and  there  unlawfully  did  refuse  to  suffer  this  affiant  to  ex- 
[§  3177,  B.  S.]  araine  the  said  objects  so  kept  therein  and 
subject  to  tax  as  aforesaid. 


Indictment,  on  Sec.  3179,  R.  S.,  for  making  false  return 
for  special  tax,  to  Collector  of  Internal  Revenue ;  with 
a  count  on  Sec.  16,  Act  of  Feb.  8, 1875,  (1  Supp.  R.  S., 
2d  Ed.,  60,)  amending  Sec.  3242,  R.  S.,  for  carrying  on 
the  business  of  a  retail  liquor-dealer  without  paying 
the  special  tax. 

No.  497  (1). 

present,  that  A C ,  late  of  the of ,  in 

the  said  district,  before  and  on  the day  of  ,  in  the 

year  of  our  Lord  eighteen  hundred  and  -  — ,  at afore- 
said, in  the  district  aforesaid,  and  the Internal-Revenue 

Collection-District  of ,  was  engaged  in  the  business  of  a 

retail  liquor-dealer,  and  was  liable  to  the  special  tax  imposed 
by  the  internal-revenue  law  of  the  said  United  States  upon 
retail  liquor-dealers,  whereby  it  then  and  there  became  and 
was  his  duty  to  make  a  return  as  such  retail  liquor-dealer, 
called  a  return  for  special  tax,  pursuant  to  the  requirements 
of  the  said  internal-revenue  law  in  that  behalf:  And  on  that 
occasion  the  said  A C ,  on  the  day  last  aforesaid,  at 

—  aforesaid,  in  the  districts  aforesaid,  so  being  liable  to 
such  special  tax,  and  required  to  make  such  return,  as  afore- 
said, with  intent  to  defeat  and  evade  the  valuation  and  assess- 
ment intended  to  be  made  in  that  behalf,  unlawfully  did 
deliver  and  disclose  to  the  Collector  of  Internal  Revenue  of 
the  said  United  States  for  the  collection-district  aforesaid  a 
certain  false  and  fraudulent  return  in  writing,  wherein  it  was 

in  substance  declared  and  alleged  that  he  the  said  A 

C had  done  no  business  before  the  day  of  ,  in 

the  same  year  eighteen  hundred  and ,  and  since  the  - 

day  of  then  last  past,  for  which  he  would  be  liable  to 

pay  a  special  tax,  without  having  paid  the  same ;  which  said 
false  and  fraudulent  return  was  and  is  to  the  effect  following, 
to  wit:  [set  out  tfte  return]:  Whereas  in  truth  and  in  fact  the 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  289 

said  A C had  done  business  before  the  said day 

of ,  in  the  year  of  our  Lord  eighteen  hundred  and  , 

and  since  the  day  of  then  last  past,  for  which  he 

would  be  liable  to  pay  a  special  tax,  without  having  paid  the 

same,  that  is  to  say,  that  he  the  said  A C ,  on  divers 

days  within  that  period,  to  wit,  on  the  day  of  • ,  in 

the  year  of  our  Lord  eighteen  hundred  and ,  and  on  the 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  and  at  divers  other  times  within  the  period  afore- 
said, at aforesaid,  in  the  districts  aforesaid,  had  carrie.l 

on  the  business  of  a  retail-liquor  dealer,  without  having  paid 
the  special  tax  therefor  as  required  by  law.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 

said  A C ,  in  manner  and  form  and  with  intent  as 

aforesaid,  did  deliver  and  disclose  to  tne  said  [§  3179,  E.  S.] 
Collector  of  Internal  Eevenue  a  false  and  fraudulent  return ; 
against,  etc. 

No.  498  (2). 

unlawfully  did  carry  on  the  business  of  a  retail  liquor- 
dealer,  without  having  paid  the  [§  3242,  E.  S.,  as  am.] 
special  tax  therefor  as  required  by  law ;  against,  etc. 


Indictment,1  on  Sec.  3239,  E.  S.,  against  retail  liquor- 
dealer,  for  neglecting  to  keep  his  tax-stamp  conspicu- 
ously in  his  place  of  business. 

No.  499  (1). 

being  then  and  there  engaged  in  a  business  whereby  he 

\vas  then  and  there  made  liable  to  a  special  tax  under  the  in- 
ternal-revenue laws  of  the  said  United  States,  to  wit,  the  busi- 
ness of  a  retail  liquor-dealer,  at  his  certain  place  of  business 
there  situate,  unlawfully  did  willfully  neglect  and  refuse  to 
place  and  keep  conspicuously  in  his  place  of  [§  3239,  E.  S.] 
business  the  proper  stamp  denoting  the  payment  of  the  said 
special  tax;  against,  etc. 


1  As  to  indicting  for  penalties,  see  No.  115,  note. 
19 


290  FORMS    ADAFfED   TO   CRIMINAL   CASES. 

No.  500  (2). 

then  and  there  being  a  person  engaged  in  the  business 

of  a  retail  liquor-dealer,  and  thereby  made  liable  to  a  special 
tax  under  the  internal-revenue  laws  of  the  said  United  States, 
[§  3239;  R.  S.]  unlawfully  did  through  negligence  fail  to 
place  and  keep  conspicuously  in  his  establishment  as  such 
dealer  the  stamp  denoting  the  payment  of  the  same  special 
tax;  against,  etc. 


Indictment,  on  Sec.  3242,  R.  S.,  as  amended  by  Sec.  16, 
Act  Feb.  8,  1875,  (1  Supp.  R.  S.,  2d  Ed.,  60,)  for  carry- 
ing  on  the  business  of  a  rectifier  without  having  paid 
the  special  tax. 

No.  501. 

unlawfully  did  carry  on  the  business  of  a  rectifier  of 

[§  3242,  R.  S.,  as  am.]     distilled  spirits,  without  having  paid 
the  special  tax  therefor  as  required  by  law ;  against,  etc. 


Indictment,  on  Sec.  16,  Act  Feb.  8,  1875,  (1  Supp.  R.  S., 
2d  Ed.,  60,)  for  carrying  on  the  business  of  a  distiller 
without  having  given  bond,  and  with  intent  to  defraud 
the  United  States  of  the  tax  on  spirits  distilled ;  with 
counts  on  Sec.  3282,  R.  S.,  for  fermenting  a  mash  in 
a  building  not  a  distillery,  and  for  distilling  spirits 
without  being  authorized  distillers;  with  counts  on 
Sec.  3258,  R.  S.,  for  having  a  still  set  up  and  not 
registered ;  and  with  a  count  on  Sec.  3266,  R.  S.,  for 
using  a  still,  for  distilling,  in  a  dwelling-house. 

No.  502  (1). 

present,  that  J T ,  J HcN and  D — 

F.  D ,  late  of  the  city  of ,  in  the  said  district,  on  the 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  at aforesaid,  in  the  district  aforesaid,  unlaw- 

[§  3242,  R.  S.,  as  am.]  fully  did  carry  on  the  business  of  a 
distiller1  without  having  given  bond  as  required  by  law; 
against,  etc. 

1  Sec.  3247,  R  S.,  provides  who  shall  be  regarded  as  a  distiller. 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  291 

No.  503  (2). 

unlawfully  did  engage  in  and  carry  on  the  business  of 

a  distiller,  and   did  then  and  there     [§  3242,  R.  Sv  as  am.] 

make  and  distill  a  large  quantity,  to  wit, proof-gallons, 

of  spirits,  then  and  there  subject  to  the  tax  imposed  by  the 
internal-revenue  law  of  the  said  United  States,  with  intent  to 
defraud  the  said  United  States  of  the  tax  on  the  said  spirits 

so  distilled  by  them  the  said  J T ,  J McN 

and  D F.  D ;  against,  etc. 

No.  504  (3). 

—  unlawfully  did  make  and  ferment  a  certain  mash,  fit 
for  the  production  of  spirits,  in  a  building  [§  3282,  R.  S.] 
and  on  premises  other  than  a  distillery  duly  authorized  ac- 
cording to  law ;  against,  etc. 

No.  505  (4). 

not  then  and  there  being  authorized  distillers,  unlaw- 
fully did  by  distillation  separate  the  alcoholic  [§  3282,  R.  S.] 
spirits  from  a  certain  fermented  mash ;  against,  etc. 

No.  506  (5). 

further  present,  that  the  said  J T ,  J 

McN and  D F.  D ,  on  the day  of ,  in 

the  year  of  our  Lord  eighteen  hundred  and  ,  at  - 

aforesaid,  in  the  district  aforesaid  and  the Internal-Rev- 
enue Collection-District  of ,  having  in  their  possession 

and  custody,  and  under  their  control,  a  certain  still  set  up, 
did  fail  and  neglect  to  register  the  same  with  the  Collector 
of  Internal  Eevenue  of  the  said  United  States  for  the  said 
collection-district,  by  subscribing  and  filing  with  him  dupli- 
cate statements  in  writing,  setting  forth  the  particular  place 
where  the  said  still  was  so  set  up,  the  kind  and  cubic  contents 
of  the  said  still,  the  owner  thereof,  his  place  of  residence,  and 
the  purpose  for  which  the  said  still  had  been  or  was  intended 
to  be  used.  And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said  J T ,  J 

McN and  D F.  D ,  on  the  day  and  year  afore- 


292  FOKMS   ADAPTED   TO   CRIMINAL   CASES. 

said,  in  the  city  and  districts  aforesaid,  unlawfully  did  have 
in  their  possession  and  custody,  and  under  their  control,  a 
[§  3258,  R.  S.]  still  set  up  which  was  not  then  and  there 
registered  as  required  by  law ;  against,  etc. 

No.  507  (6). 

further  present,   that  the  said  J T ,  J— 

McN and  D F.  D ,  on  the  said day  of  -  — , 

in  the  same  year  of  our  Lord  eighteen  hundred  and  -  — ,  at 
aforesaid,  in  the  district  aforesaid,  and  in  the  -  -  col- 
lection-district of  the  said  state  of  ,  having  then  and 

there  in  their  possession  and  custody  a  certain  still  set  up,  un- 
lawfully did  neglect  to  subscribe  and  file  with  the  collector  of 
internal  revenue  of  the  said  United  States  for  that  collection- 
district,  immediately  upon  the  said  still's  being  set  up,  or  at 
any  time  thereafter,  duplicate  statements  in  writing,  setting 
forth  the  particular  place  where  the  said  still  was  so  set  up, 
the  kind  of  still  so  set  up  and  its  cubic  contents,  the  owner 
thereof,  his  place  of  residence,  and  the  purpose  for  which  the 
said  still  then  had  been  or  was  intended  to  be  used :  And  so  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that 

the  said  J T ,  J-    -  McN and  D F.  D , 

on  the  day  and  year  aforesaid,  at aforesaid,  in  the  Dis- 
trict of aforesaid,  unlawfully  did  have  in  their  possession 

[§  3258,  R.  S.]  and  custody  a  certain  still  set  up  which  was 
not  then  and  there  registered  as  required  by  law ;  against,  etc. 

No.  508  (7). 

unlawfully  did  use  a  certain  still,  for  the  purpose  of 

[§  3266,  R.  S.]  distilling,1  in  a  certain  dwelling-house  there 
situate;  against,  etc. 

1  See  U.  8.  v.  Simmons,  96  U.  &  860. 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  293 

Indictment,  on  Sec.  3257,  R.  S.,  for  distilling  spirits,  and 
defrauding  the  United  States  of  the  tax  thereon ;  with 
a  count  on  Sec.  3281,  R.  S.,  (Sec.  16,  Act  Feb.  8,  1875, 
1  Sup  p.  R.  S.,  2d  Ed.,  60,)  for  distilling  with  intent 
to  defraud  the  United  States  of  the  tax. 

No.  509  (1). 

—  was  engaged  in  carrying  on  the  business  of  a  distiller, 
and  did  then  and  there  distill  a  large  quantity  of  spirits,  to 

wit, proof-gallons  of  spirits,  then  and  there  subject  to 

the  internal-revenue  tax  then  imposed  by  law  upon  distilled 

spirits ;  and  that  the  said then  and  there  unlawfully 

did  defraud,  and  attempt  to  defraud,  the  said    [§  3257,  R.  S.] 
United  States  of  the  said  tax  on  the  said  spirits  so  by  him 
distilled  as  aforesaid;  against,  etc. 

No.  510  (2). 

—  did  carry  on  the  business  of  a  distiller,  and  did  then 
and  there  make  and  distill  a  large     [§  3281,  R.  S.,  as  am.] 

quantity,  to  wit, other  proof-gallons,  of  spirits,  then  and 

there  subject  to  tax  under  the  provisions  of  the  internal- 
revenue  law  of  the  said  United  States,  with  intent  to  defraud1 
the  said  United  States  of  the  said  tax  on  the  said  spirits  so 
distilled  by  him  as  last  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  3258,  R.  S.,  for  haying  two  stills  set 
up  and  not  registered. 

No.  511. 

and  within  the Internal-Revenue  Collection-Dis- 
trict of ,  unlawfully  did  have  in  — h —  possession  two  stills 

set  up,  which  said  stills  were  not  nor  had     [§  3258,  R.  S.] 

been  then  registered  respectively  by  the  said with 

the  Collector  of  Internal  Eevenue  for  the  collection-district 

1  It  is  not  necessary  to  state  the  particular  means  by  which  the  fraud  is 
effected.     U.  S.  v.  Simmons,  96  U.  S.  360. 


294:  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

aforesaid,. by  subscribing  and  filing  with  him  duplicate  state- 
ments in  writing,  setting  forth  the  particular  places  where  the 
said  stills  were  so  set  up  respectively,  the  kinds  and  cubic  con- 
tents of  the  said  stills  respectively,  the  owner  thereof,  his  place 
of  residence,  and  the  purpose  for  which  the  said  stills  respect- 
ively had  been  or  were  intended  to  be  used ;  against,  etc. 

Indictment,  on  Sec.  3258,  B.  s.,  for  failing  to  register  a 
distillery;  with  counts  on  Sec.  3281,  R.  S.,  (Sec.  16, 
Act  Feb.  8,  1875,  1  Snpp.  R.  S.,  2d  Ed.,  60,)  for  carry- 
ing on  the  business  of  a  distiller  without  having  given 
bond,  and  with  intent  to  defraud  the  United  States  of 
the  tax ;  and  with  a  count  on  Sec.  3282,  R.  S.,  for  fer- 
menting a  mash  in  a  building  not  an  authorized  dis- 
tillery; and  with  a  count  on  Sec.  3266,  R.  S.,  for  using 
a  still  in  a  building  where  vinegar  was  made;  and  with 
a  count  on  Sec.  3279,  R.  S.,  for  receiving  at,  and  carry- 
ing away  from,  a  distillery  having  no  sign,  distilled 
spirits;  and  with  counts  on  Sec.  3450,  R.  S.,  for  re- 
moving and  concealing  distilled  spirits  on  which  the 
tax  had  not  been  paid,  with  intent  to  defraud  the 
United  States, 

No.  512  (1). 

and  within  the Internal-Revenue  Collection-Dis- 
trict of  -  — ,  having  then  and  there  in  — h —  possession  and 
custody,  and  under  — h —  control,  a  certain  still  set  up,  unlaw- 
[§  3258,  R.  S.]  fully  did  neglect  and  fail  to  register  the  same 
with  the  Collector  of  Internal  Revenue  of  the  said  United  States 
for  the  said  collection-district,  by  subscribing  and  filing  with 
him  duplicate  statements,  in  writing,  setting  forth  the  partic- 
ular place  where  the  said  still  was  so  set  up,  the  kind  and 
cubic  contents  of  the  said  still,  the  owner  thereof,  his  place  of 
residence,  and  the  purpose  for  which  the  said  still  had  been  or 
was  intended  to  be  used;  against,  etc. 

No.  513  (2). 

at aforesaid,  in  the  judicial  and  collection-districts 

[§  3258,  R.  S.]  aforesaid,  unlawfully  did  have  in  — h —  pos- 
session, and  under  — h — control,  a  certain  distilling-apparatus 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  295 

set  up,  which  was  not  then  in  any  wise  registered  with  the 
Collector  of  Internal  Revenue  of  the  said  United  States  for 
the  said  collection-district ;  against,  etc.1 

No.  514  (3). 

unlawfully  did  carry  on  the  business  of  a  distiller,1  with- 
out having  given  bond  as  required  [§  3281,  II.  S.,  as  am.] 
by  law ;  against,  etc. 

No.  515  (4). 

—  unlawfully  did  engage  in  and  carry  on  the  business  of 
a  distiller,  with  intent  to  defraud  the  [§  3281,  R.  S.,  as  am.] 
said  United  States  of  the  tax,  to  wit,  the  internal-revenue  tax 
then  prescribed  by  law,  on  the  spirits  distilled  by  — h —  the 
said ;  against,  etc. 

No.  516  (5). 

unlawfully  did  make  and  ferment  a  certain  mash,  fit 

for  distillation,  in  a  certain  building  not  then  [§  3282,  R.  S.] 
and  there  a  distillery  duly  authorized  according  to  law; 
against,  etc. 

No.  517(6). 

unlawfully  did  use  a  certain  still,  for  the  purpose  of 

distilling,  in  a  certain  building  where  vinegar  [§  3266,  R.  S.] 
was  then  manufactured ;  against,  etc. 

No.  518  (7). 

unlawfully  and  knowingly  did  receive  at  and  carry  and 

convey  away  from  a  certain  distillery,  there     [§  3279,  R.  S.] 

situate,  a  certain  large  quantity,  to  wit, proof-gallons,  of 

distilled  spirits ;  on  which  said  distillery  there  was  not  then 
placed  and  kept  conspicuously,  on  the  outside  thereof,  a  sign 
exhibiting  in  plain  and  legible  letters,  not  less  than  three 
inches  in  length,  painted  in  oil-colors  or  gilded,  and  of  a  proper 
and  proportionate  width,  the  name  or  firm  of  the  distiller, 
with  the  words  "Registered  distillery;"  against,  etc. 


1  For  another  form  of  count  on  Sec.  3258,  R  S.,  see  No.  150. 

2  See  No.  502,  note  1. 


296  FORMS   ADAPTED  TO   CRIMINAL   CASES. 

No.  519  (8). 

unlawfully  did  remove,  and  was  concerned  in  remov- 

[§  3450,  R.  S.]  ing,  from  certain  premises  there  situate,  a 
certain  other  large  quantity,  to  wit, proof-gallons,  of  dis- 
tilled spirits,  in  respect  whereof  an  internal-revenue  tax  of 
ninety  cents  per  proof-gallon  was  then  imposed  by  law,  and 
then  remained  unpaid,  with  intent  then  and  there  to  defraud 
the  said  United  States  of  the  said  tax ;  against,  etc. 

No.  520  (9). 

unlawfully  did  deposit  and  conceal,  and  was  concerned 

[§  3450,  R.  S.]  in  depositing  and  concealing,  in  a  certain 
building  there  situate,  a  certain  other  large  quantity,  to  wit, 
-  proof-gallons,  of  distilled  spirits,  in  respect  whereof  an 
internal-revenue  tax  of  ninety  cents  per  proof-gallon  was  then 
imposed  by  law,  and  then  remained  unpaid,  with  intent  then 
and  there  to  defraud  the  said  United  States  of  the  said  tax ; 
against,  etc. 


Indictment,  on  Sec.  3268,  R.  S.,  for  gaining  access  to  con- 
tents of  a  cistern-room  and  a  distillery-warehouse,  in 
the  absence  of  the  proper  officers. 

No.  521  (1). 

unlawfully,  and  in  the  absence  of  the  proper  officer, 

[§  3268,  R.  8.]  did  gain  access  to  the  contents,  to  wit,  cer- 
tain distilled  spirits,  in  the  cistern-room  of  a  certain  distillery 
there  situate ;  against,  etc. 


No.  522  (2). 

—  unlawfully,  and  in  the  absence  of  the  proper  internal- 
[§  3268,  R.  S.]  revenue  officers  respectively,  did  gain  access 
to  the  contents  of  a  certain  cistern-room  and  a  certain  dis- 
tillery-warehouse, to  wit,  the  cistern-room  and  warehouse  of 

Distillery  No. in  the  Collection-District  of  ; 

against,  etc. 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  297 


Indictment,  on  Sec.  3279,  R.  S.,  for  putting  up  and  keeping 
up  a  wholesale  liquor-dealer's  sign,  without  being  such 

dealer. 

No.  523. 

-  not  then  and  there  being  a  wholesale  liquor-dealer  who 


had  paid  the  special  tax  as  such,  unlawfully     [§  3279,  R.  S.] 
did  put  up  and  keep  up,  on  certain  premises  then  by  him  there 

occupied,  a  sign  indicating  that  he  the  said might 

lawfully  carry  on  the  business  of  a  wholesale  liquor-dealer ; 
against,  etc. 


Indictment,  on  Sec.  3279,  R.  S.,  for  carrying  distilled 
spirits  from  a  distillery  not  having  a  sign;  with  a 
count  on  Sec.  32%,  R.  S.,  for  removing  such  spirits 
from  a  distillery  contrary  to  law ;  and  with  a  count  on 
Sec.  3450,  R.  S.,  for  removing  goods  with  intent  to  de- 
fraud the  United  States  of  revenue  tax. 

No.  524  (1). 

-  unlawfully  did  knowingly  carry  and  convey  certain 
distilled  spirits,  to  wit,  three  hundred  proof-  [§  3279,  R.  S.] 
gallons  of  distilled  spirits,  from  a  certain  distillery,  there  situ- 
ate, whereon  there  was  not  then  placed  and  kept  any  sign 
exhibiting  in  plain  and  legible  letters  the  name  or  firm  of  the 
distiller,  with  the  words  "  Kegistered  Distillery ;  "  against,  etc. 


No.  525  (2). 

unlawfully  did  remove,  and  aid  in  removing,  certain 

distilled  spirits,  to  wit,  three  hundred  proof-  [§  32%,  R.  S.] 
gallons  of  distilled  spirits,  on  which  the  internal-revenue  tax 
then  imposed  by  law  upon  such  spirits  had  not  been  paid, 
from  a  certain  distillery  there  situate  to  a  place  other  than 
the  distillery- warehouse  provided  by  law;  against,  etc. 

No.  526  (3). 

unlawfully  did  remove,  and  were  concerned  in  remov- 
ing, from  certain  premises  there  situate,  [§  3450,  R.  S.] 
three  hundred  proof-gallons  of  distilled  spirits,  the  same  then 


B98  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

and  there  being  goods  for  and  in  respect  whereof  a  tax  was 
then  imposed  by  law,  to  wit,  the  internal-revenue  tax  then 
imposed  by  law  upon  distilled  spirits;  — h —  the  said  - 

-  thereby  then  and  there  intending  to  defraud  the  said 
United  States  of  the  said  tax  on  the  said  distilled  spirits  so 
removed  as  last  aforesaid :  Against,  etc. 


Indictment,  on  Sec.  3282,  B.  S.,  for  separating  alcoholic 
spirits  by  distillation  from  a  fermented  mash,  and  for 
using  illicit  spirits  in  manufacturing  vinegar ;  with  a 
count  on  the  amendment  to  Sec.  3282,  B.  S.,  (1  Sup  p. 
B.  S.,  2d  Ed.,  231,)  for  removing  from  a  vinegar-fac- 
tory a  fluid  containing  more  than  two  per  cent,  of 
proof-spirits ;  and  with  a  count  on  Sec.  3266,  B.  S.,  for 
using  a  wooden  vat,  for  distilling,  on  premises  of  a 
vinegar. factory. 

No.  527  (1). 

not  then  and  there  being  authorized  distillers,  unlaw- 

[§  3282,  B.  S.]  fully  did  by  distillation  separate  the  alcoholic 
spirits  from  a  certain  fermented  mash ;  against,  etc. 

No.  528  (2). 

unlawfully  did  use,  in  manufacturing  vinegar,  certain 

[§  3282,  B.  S.]  distilled  spirits  which  were  not  produced  in 
an  authorized  distillery,  and  on  which  the  internal-revenue 
tax  imposed  by  law  had  not  been  paid ;  against,  etc. 

No.  529  (3). 

unlawfully  did  remove,  and  cause  to  be  removed,  from 

[§  3282,  B.  S.,  as  am.]  a  certain  vinegar-factory  there  situ- 
ate,   gallons  of  a  fluid  then  and  there  containing  a  greater 

proportion  than  two  per  centum  of  proof-spirits ;  against,  etc. 


No.  530  (4). 

unlawfully  did  use  a  certain  vessel,  to  wit,  a  certain 

[§  3266,  B.  S.]  wooden  vat,  for  the  purpose  of  distilling, 
on  certain  premises,  there  situate,  where  vinegar  was  then 
produced ;  against,  etc. 


CRIMES    UNDER   INTERNAL-REVENUE   LAWS.  299 

Indictment,  on  Sec.  3318,  R.  S.,  against  a  wholesale  liquor- 
dealer,  for  neglecting  to  enter  in  his  book  the  sending 
of  distilled  spirits  out  of  his  stock,  and  the  receiving 
of  distilled  spirits. 

No.  531  (1). 

on  the day  of ,  in  the  year  of  our  Lord  eight- 
een hundred  and ,  and  from  thence  until  and  on  the  — 

day  of  -  — ,  in  the  same  year,  at aforesaid,  in  the  district 

aforesaid,  was  a  wholesale  liquor-dealer,  and  as  such  had  pro- 
vided a  book,  prepared  and  to  be  kept  in  the  form  theretofore 
[or,  before  that  period]  prescribed  by  the  Commissioner  of 
Internal  Revenue  of  the  said  United  States ;  of  the  prescribing 
of  the  form  of  which  book  by  the  said  commissioner  the  said 

then  and  before  that  time  there  had  notice :  And 

that  the  said — ,  during  the  period  aforesaid,  did  there 

send  out  of  his  stock  and  possession  certain  distilled  spirits, 
to  wit,  -  -  casks  of  distilled  spirits,  and  un-  [§  3318,  R.  S.] 
lawfully  did  neglect  to  make  in  the  said  book  any  entries  or 
entry  whatsoever,  concerning  the  said  casks  of  spirits  respect- 
ively, at  the  respective  times  of  so  sending  the  same  out  of 
his  stock  and  possession,  and  before  the  same  were  removed 
respectively  from  his  premises ;  against,  etc. 

No.  532  (2). 

was  a  wholesale  liquor-dealer,  and  as  such  had  pro- 
vided a  book,  prepared  and  to  be  kept  in  the  form  theretofore 
prescribed  by  the  Commissioner  of  Internal  Revenue  of  the 
said  United  States;  of  the  prescribing  of  the  form  of  which 

book  by  the  said  commissioner  the  said  • then  and 

before  that  time  there  had  notice :  And  that  the  said  - 

-  did  then  and  there  receive  certain  distilled  spirits,  to  wit, 

-  casks  of  distilled  spirits,  and  then  and  there  unlawfully 
did  neglect  to  make  in  the  last-mentioned     [§  3318,  R.  S.] 
book  any  entries  or  entry  whatsoever,  concerning  the  said 
casks  of  spirits  respectively  so  by  him  received  as  aforesaid, 
on  the  same  day  on  which  he  so  received  the  same  spirits,  and 
before  he  drew  off  any  part  thereof,  or  added  water  or  any- 
thing thereto;  against,  etc. 


300  FOEMS   ADAPTED   TO   CRIMINAL   CASES. 

Indictment;  on  Sec.  3318,  R.  S.,  against  wholesale  liquor- 
dealers,  Tor  neglecting  to  make  the  proper  entries  in 
their  book  (called  Form  52,)  of  the  sending  out  of  their 
possession  of  divers  quantities  of  distilled  spirits. 

No.  533. 

-  at  -    -  aforesaid,  in  the  district  aforesaid,  and  thence- 
forth until  and  on  the day  of ,  in  the  same  year, 

were  wholesale  liquor-dealers,  together  carrying  on  that  busi- 
ness, and  having  the  book  (called  Form  52)  required  by  law 
to  be  kept  by  them  as  such  dealers,  wherein  to  enter  daily  all 
spirits  by  them  received  or  sent  out :  And  that  the  said  - 

,  so  being  such  wholesale  liquor-dealers,  during  the  period 

aforesaid  there  sent  out  of  their  stock  and  possession  divers 
[§  3318,  R.  S.]  quantities  of  distilled  spirits,  and  then  and 
there  unlawfully  did  neglect  to  enter  in  the  said  book,  at  the 
respective  times  of  so  sending  out  of  their  stock  and  posses- 
sion the  said  divers  quantities  of  distilled  spirits  as  aforesaid, 
and  before  the  same  respectively  were  removed  from  the 

premises  of  them  the  said ,  the  respective  days  when, 

and  the  names  and  places  of  business  respectively  of  the  sev- 
eral persons  or  firms  to  whom,  the  said  divers  quantities  of 
distilled  spirits  were  to  be  sent  respectively,  the  quantities 
and  kinds  or  qualities  respectively  of  the  said  distilled  spirits 
so  sent  out,  and  the  respective  numbers  of  gallons  and  frac- 
tions of  a  gallon  thereof  at  proof;  against,  etc. 

Indictment,  on  Sec.  3318,  R.  S.,  against  a  rectifier  of  dis- 
tilled spirits  and  wholesale  liquor-dealer,  for  neglecting 
to  make  the  proper  entries,  at  the  proper  time,  of  the 
sending  out  of  his  stock  of  certain  spirits ;  with  counts 
on  Sections  3320-3456,  R.  S.,  for  neglecting  to  cause 
packages  of  spirits  to  be  ganged,  inspected  and  stamped, 
after  being  filled  for  sale. 

No.  534  (1). 

being  then  and  there  a  rectifier  of  distilled  spirits  and 

wholesale  liquor-dealer,  and  it  being  then  and  there  his  duty 
to  provide  and  keep  a  book  as  such  rectifier  and  wholesale 


CRIMES    UNDER   INTERNAL-REVENUE   LAWS.  301 

liquor-dealer,  as  required  by  law,  (the  form  of  which  book  had 
before  that  time  been  prescribed  by  the  Commissioner  of  In- 
ternal Revenue,  as  he  the  said then  and  there  well 

knew,)  did  send  out  of  his  stock  and  possession  certain  dis- 
tilled spirits,  that  is  to  say,  jive  gallons  of  bitters  and  five  gal- 
lons of  whiskey;  and  that  the  said then  and  there 

unlawfully  did  neglect  and  fail  to  enter  in  [§  3318,  R.  S.] 
such  book,  at  the  time  of  so  sending  out  of  his  stock  the  dis- 
tilled spirits  aforesaid,  and  before  the  removal  of  the  same 
from  his  premises,  the  day  when  the  said  distilled  spirits  were 
so  sent  out  of  his  stock  and  possession,  the  name  and  place  of 
business  of  the  person  to  whom  the  same  were  to  be  sent,  the 
quantity  and  kind  or  quality  of  the  said  distilled  spirits,  and 
the  number  of  gallons  and  fractions  of  a  gallon  thereof  at 
proof;  against,  etc. 

No.  535  (2). 

—  being  then  and  there  a  rectifier  of  distilled  spirits  and 
wholesale  liquor-dealer,  and  having  provided  and  then  and 
there  having  a  book  such  as  was  then  required  by  law  to  be 
kept  by  rectifiers  and  wholesale  liquor-dealers,  and  in  the 
form  theretofore  prescribed  for  such  book  by  the  Commis- 
sioner of  Internal  Revenue,  did  send  out  of  the  stock  of  him 

the  said certain  other  distilled  spirits,  that  is  to  say, 

barrels,  each  containing  a  large  quantity,  to  wit,  forty 

gallons,  of ;  and  that  the  said then  and  there 

unlawfully  did  neglect  and  fail  to  enter  in  [§  3318,  B.  S.] 
the  said  book,  at  the  time  of  so  sending  out  of  his  stock  the 
distilled  spirits  last  aforesaid,  and  before  the  removal  of  the 
same  from  his  premises,  the  day  when  the  last-mentioned  dis- 
tilled spirits  were  so  sent  out  of  his  stock,  the  name  and  place 
of  business  of  the  person  to  whom  the  same  were  to  be  sent, 
the  quantity  and  kind  or  quality  of  those  distilled  spirits,  and 
the  number  of  gallons  and  fractions  of  a  gallon  thereof  at 
proof;  against,  etc. 

No.  536  (3). 


being  then  and  there  a  rectifier  of  distilled  spirits,  and 

having  provided  and  then  and  there  having  a  book  such  as 
was  then  required  by  law  to  be  kept  by  rectifiers  of  distilled 


302  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

spirits,  and  in  the  form  theretofore  prescribed  for  such  book 
by  the  Commissioner  of  Internal  Revenue,  did  send  out  of 

the  possession  of  him  the  said certain  other  distilled 

spirits,  that  is  to  say,  one  barrel,  containing  a  large  quantity, 

to  wit,  forty  gallons,  of ;  and  that  the  same  — 

[§  3318,  R.  S.]  then  and  there  unlawfully  did  neglect  and 
fail  to  make  in  the  last-mentioned  book  any  entry  whatsoever 
of  or  concerning  the  distilled  spirits  last  aforesaid,  at  the  time 
of  so  sending  the  same  out  of  his  possession  as  aforesaid,  and 
before  the  removal  of  the  same  from  his  premises ;  against,  etc. 

No.  537  (4). 

being  then  and  there  a  wholesale  liquor-dealer,  and 

having  provided  and  then  and  there  having  a  book  such  as 
was  then  required  by  law  to  be  kept  by  wholesale  liquor-deal- 
ers, (the  form  of  which  book  had  before  that  time  been  pre- 
scribed by  the  Commissioner  of  Internal  Revenue,  as  he  the 
said  —  -  then  and  there  well  knew,)  did  send  out  of  his 
stock  certain  other  distilled  spirits,  to  wit, gallons  of  dis- 
tilled spirits;  and  that  the  said then  and  there  un- 

[§  3318,  R.  S.]  lawfully  did  neglect  and  fail  to  make  in  the 
last-mentioned  book  any  entry  whatsoever  of  or  concerning 
the  distilled  spirits  last  aforesaid,  at  the  time  of  so  sending 
the  same  out  of  his  stock  as  aforesaid,  and  before  the  removal 
of  the  same  from  his  premises ;  against,  etc. 

No.  538  (5). 

further  present,  that  the  said ,  on  the  - 

day  of  -  — ,  in  the  year  aforesaid,  at  the  said  city  of  -  — ,  in 

the  district  of ,  and  in  the collection-district  of  the 

said  state  of ,  was  a  rectifier  of  distilled  spirits  who  had 

paid  the  special  tax  required  by  law ;  and  that packages 

of  rectified  spirits,  each  containing  not  less  than  five  wine- 
gallons,  were  then  and  there  filled  for  sale,  on  the  premises 

of  the  said ,  so  then  and  there  being  such  rectifier 

as  aforesaid ;  and  that  the  said then  and  there  un- 

[§§  3320-3456,  R.  S.]  lawfully  and  knowingly  did  omit  and 
neglect  to  cause  the  said  packages  of  rectified  spirits,  when 
the  same  were  so  filled  on  his  premises  for  sale,  to  be  gauged 


CRIMES   UNDER   INTERNAL-REVENUE    LAWS.  303 

and  inspected  by  a  United  States  gauger,  and  to  cause  such 
gauger  to  place  upon  each  of  the  said  packages  of  rectified 
spirits  an  engraved  stamp,  signed  by  the  collector  of  internal 
revenue  for  the  said  collection-district  and  by  such  gauger, 
and  stating  the  date  when  affixed,  and  the  number  of  proof- 
gallons  in  such  package,  as  provided  by  law ;  against,  etc. 

No.  539  (6). 

was  a  rectifier  of  distilled  spirits  who  had  paid  the 

—  special  tax  required  by  law ;  and  that other  pack- 
ages of  rectified  spirits,  each  containing  not  less  than  five 
wine-gallons,  were  then  and  there  filled  for  delivery,  on  the 

premises  of  the  said ,  so  then  and  there  being  such 

rectifier  as  aforesaid ;  and  that  the  said  -  — •  then  and 
there  unlawfully  and  knowingly  did  omit  and  neglect  to  cause 
the  last-mentioned  packages  of  rectified  [§§  3320-3456,  R.  S.] 
spirits,  when  the  same  were  so  filled  on  his  premises  for  de- 
livery, to  be  gauged  and  inspected  by  a  United-States  gauger, 
and  to  cause  such  gauger  to  place  upon  each  of  those  packages 
an  internal-revenue  stamp  called  a  stamp  for  rectified  spirits, 
as  required  by  law ;  against,  etc. 


Indictment,  on  Sec.  3324,  R.  S.,  for  emptying  casks  of  dis- 
tilled spirits  without  effacing  tax-paid  stamp ;  with  a 
count  on  Sec.  3376,  R.  S.,  for  neglecting  to  destroy 
tax-stamps  on  emptied  tobacco-pails;  and  with  a  count 
on  Sec.  3406,  R.  S.,  for  neglecting  to  destroy  tax- 
stamps  on  emptied  cigar-boxes. 

No.  540  (1). 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  certain  distilled  spirits  from  two  certain  casks,  each 
then  and  there  bearing  a  certain  stamp  then  and  there  re- 
quired by  law,  that  is  to  say,  a  certain  internal-re  venue  stamp 
of  the  said  United  States,  called  a  tax-paid  stamp ; l  and  that 
the  said then  and  there  unlawfully  did  fail  to  efface 


1  The  stamp  need  not  be  set  out    U.  S.  v.  Bayaud,  16  F.  R  376. 


304  FORMS   ADAPTED   TO   CKIMINAL   OASES. 

[§  3324,  R.  S.]  and  obliterate  the  said  stamps  respectively? 
at  the  time  of  so  emptying  the  said  casks  as  aforesaid :  against, 
etc. 

No.  541  (2). 

did  have  in  his  possession  ten  tobacco-pails,  each  then 

and  there  containing  tobacco,  and  bearing  a  stamp  denoting 
the  internal-revenue  tax  on  such  tobacco;  which  said  tobacco- 
pails  were  then  and  there  emptied ;  and  that  the  said 

then  and  there  unlawfully  and  willfully  did  neglect  to  destroy 
[§  3376,  R.  8.]  utterly  the  said  stamps  respectively  on  the 
said  tobacco-pails  so  emptied  as  aforesaid :  Against,  etc. 

No.  542  (3). 

did  have  in  his  possession  two  boxes,  each  then  and 

there  containing  cigars,  and  bearing  a  stamp  denoting  the  in- 
ternal-revenue tax  on  such  cigars ;  which  said  boxes  were  then 

and  there  emptied;  and  that  the  said then  and  there 

unlawfully  and  willfully  did  neglect  to  destroy  utterly  the 
[§  3406,  R.  S.]  said  stamps  respectively  on  the  said  boxes  so 
emptied  as  aforesaid :  Against,  etc. 


Indictment,  on  Sec.  3324,  R.  S.,  for  emptying  casks  of  dis- 
tilled spirits,  without  destroying  wholesale  liquor- 
dealer's  stamp. 

No.  543  (1). 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  certain  distilled  spirits  from  a  certain  cask  then 
and  there  bearing  a  certain  stamp  then  and  there  required 
by  law,  to  wit,  a  certain  internal-revenue  stamp  of  the  said 
United  States,  called  a  wholesale  liquor-dealer's  stamp;  and 

the  said then  and  there,  at  the  time  of  so  emptying 

[§  3324,  R.  S.]  the  said  cask,  so  bearing  the  said  stamp  as 
aforesaid,  unlawfully  and  feloniously  did  fail  to  efface  and 
obliterate  the  said  stamp ;  against,  etc. 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  305 

No.  544  (2). 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  certain  other  distilled  spirits  from  a  certain  other 
cask  then  and  there  bearing  a  certain  other  stamp  then  and 
there  required  by  law,  to  wit,  a  certain  internal-revenue  stamp 
of  the  said  United  States,  called  a  wholesale  liquor-dealer's 

stamp;  and  the  said then  and  there,  at  the  time  of 

so  emptying  the  last-mentioned  cask,  so  bearing  such  stamp 
as  aforesaid,  unlawfully  and  feloniously  did  [§  3324,  E.  S.] 
fail  to  efface  and  obliterate  the  last-mentioned  stamp;  against, 
etc. 


Indictment,  on  Sec.  3324,  R.  S.,  for  emptying  distilled 
spirits  from  casks,  without  effacing  tax-paid,  wholesale 
liquor-dealer's,  and  distillery-warehouse  stamps,  and 
stamp  for  rectified  spirits. 

No.  545  (1). 

did  empty  and  draw  off,  and  caused  to  be  emptied  and 

drawn  off,  certain  distilled  spirits  from  a  certain  cask  then 
and  there  bearing  certain  stamps  then  and  there  required  by 
law,  to  wit,  a  certain  internal-revenue  stamp  of  the  said 
United  States,  called  a  tax-paid  stamp,  and  a  certain  other  in- 
ternal-revenue stamp  of  the  said  United  States,  called  a  whole- 
sale liquor-dealer's  stamp;  and  the  said then  and 

there,  at  the  time  of  so  emptying  the  said  cask,  so  bearing 
the  said  stamps  as  aforesaid,  unlawfull}7  and  feloniously  did 
fail  to  efface  and  obliterate  the  said  stamps;  [§  3324,  E.  S.] 
against,  etc. 

No.  546  (2). 


-  did  empty  and  draw  off,  and  caused  to  be  emptied  and 
drawn  off,  certain  distilled  spirits  from  a  certain  other  cask 
then  and  there  bearing  a  certain  other  stamp  then  and  there 
required  by  law,  to  wit,  a  certain  internal-revenue  stamp  of 
the  said  United  States,  called  a  tax-paid  stamp,  [or,  a  stamp 
for  rectified  spirits,  or,  a  distillery-warehouse  stamp;]  and 

that  the  said then  and  there,  at  the  time  of  so 

20 


306  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

emptying  the  last-mentioned  cask,  so  bearing  such  stamp  as 
[§  3324,  R.  S.]  aforesaid,  unlawfully  and  feloniously  did  fail 
to  efface  and  obliterate  the  last-mentioned  stamp ;  against,  etc. 


Indictment,  on  Sec.  3324,  R.  S.,  for  emptying  and  drawing 
off  distilled  spirits  from  a  number  of  casks,  without 
effacing  distillery-warehouse  stamps  and  stamps  for 
rectified  spirits  thereon. 

No.  547. 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  distilled  spirits  irsmfive  casks  then  and  there  con- 
taining the  same,  each  of  which  said  casks  then  and  there 
bore  a  certain  internal-revenue  stamp  then  and  there  required 
by  law,  called  a  distillery-warehouse  stamp,  and  a  certain  other 
internal-revenue  stamp  then  and  there  required  by  law,  called 
a  stamp  for  rectified  spirits;  and  that  the  said  -  — ,  at 

the  time  of  so  emptying  the  said  casks  respectively  as  afore- 
[§  3324,  R.  S.]  said,  there  unlawfully  did  fail  to  efface  and 
obliterate  the  said  stamps  so  then  and  there  borne  by  the  said 
casks  respectively  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  3324,  R.  S.,  for  emptying  a  barrel,  with- 
out obliterating  stamps,  marks  and  brands  thereon ; 
with  a  count  on  Sec.  3326,  R.  S.,  for  using  a  cask  for 
selling  spirits  other  than  those  previously  inspected 
therein. 

No.  548  (1). 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  distilled  spirits  from  a  certain  cask,  to  wit,  a  barrel, 
then  and  there  bearing  certain  internal-revenue  stamps,  marks 
and  brands  required  by  law,  to  wit,  two  certain  stamps,  called 
respectively  a  distillery-warehouse  stamp  and  a  tax-paid  stamp, 
and  certain  marks,  called  inspection-marks,  and  a  certain  brand, 

called  a  distiller's  brand ;  and  that  the  said then  and 

there  unlawfully  did  fail  to  efface  and  obliterate  the  said 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  307 

stamps,  marks  and  brands,  at  the  time  of  so  [§  3324:,  R.  S.] 
emptying  and  causing  to  be  emptied  the  said  cask  as  aforesaid ; 
against,  etc. 

No.  549(2). 

—  having  in  — h —  possession  a  certain  cask,  to  wit,  a 
certain  barrel,  then  and  there  bearing  certain  internal-revenue 
stamps  and  inspection-marks,  and  which  had  contained  dis- 
tilled spirits  before  that  time  inspected  therein,  unlawfully  did 
fraudulently  use  the  last-mentioned  cask  for  [§  3326,  R.  S.] 
the  purpose  of  selling  other  spirits  than  those  so  previously 
inspected  in  the  same  cask,  and  spirits  of  quantity  and  quality 
different  from  the  spirits  so  previously  inspected  therein; 
against,  etc. 


Indictment^  on  Sec.  3324,  R.  S.,  for  emptying  distilled 
spirits  from  a  cask,  without  effacing  the  stamp  for 
rectified  spirits  and  the  inspection-marks  thereon. 

No.  550. 

did  empty  and  draw  off,  and  cause  to  be  emptied  and 

drawn  off,  distilled  spirits  from  a  certain  cask  then  and  there 
bearing  a  certain  stamp  then  and  there  required  by  law,  to  wit, 
a  certain  internal-revenue  stamp  of  the  said  United  States, 
called  a  stamp  for  rectified  spirits,  and  certain  marks  then 
and  there  required  by  law,  to  wit,  certain  marks  called  inter- 
nal-revenue inspection-marks:  and  that  the  said  

then  and  there  unlawfully  did  fail  to  efface  and  obliterate  the 
said  stamp  and  the  said  marks  respectively,  [§  3324,  R.  S.] 
at  the  time  of  the  emptying  of  the  said  cask  as  aforesaid ; 
against,  etc. 


308  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  3326,  R.  S.,  for  using  a  cask  to  sell 
spirits  differing  from  those  inspected  therein ;  with  a 
count  on  Sec.  3455,  If.  S.,  for  purchasing  an  empty 
stumped  barrel. 

No.  551  (1). 

unlawfully  and  fraudulently  did  use  a  certain  cask, 

[§  3326,  R.  S.]  having  an  inspection-mark  and  an  internal- 
revenue  stamp  thereon,  for  the  purpose  of  selling  spirits  of 
quantity  and  quality  different  from  the  spirits  previously  in- 
spected in  the  same  cask;  against,  etc. 

No.  552  (2). 

unlawfully  did  purchase  and  receive  a  certain  barrel, 

[§  34-55,  R.  S.]  of  greater  capacity  than  twenty  wine-gallons, 
and  then  and  there  stamped  with  two  certain  internal-revenue 
stamps,  called  respectively  a  distillery- warehouse  stamp  and 
a  tax-paid  stamp,  so  as  to  show  that  certain  provisions  of  the 
internal-revenue  laws  had  been  complied  with,  that  is  to  say, 
in  a  manner  denoting  that  the  said  barrel  had  contained  dis- 
tilled spirits,  and  so  containing  distilled  spirits  had  been  duly 
removed  from  the  distillery  where  such  distilled  spirits  were 
produced  to  the  proper  distillery-warehouse,  and  that  the  in- 
ternal-revenue tax  on  such  distilled  spirits  had  been  paid;  the 
said  barrel  being  empty  at  the  time  the  said so  pur- 
chased and  received  the  same  as  aforesaid:  Against,1  etc. 


Indictment,  on  Sec.  3340,  R.  S.,  against  a  brewer,  for  mak- 
ing false  entries  in  his  monthly  statement;  and  for 
evading  the  internal-revenue  tax  on  fermented  liquors 
made  by  him. 

No.  553  (1). 

in  the  district  aforesaid  and  the  Collection-Dis- 
trict of  ,  having  been  during  the  then  next  preceding 

month  of  a  person  owning  and   occupying  a  certain 

brewery  there,  and  engaged  in  producing  malt  liquors  at  the 

1  As  to  indicting  for  penalties,  s?e  No.  115,  note. 


CRIMES  UNDER  INTERNAL-REVENUE  LAWS.         309 

said  brewery,  did  make  and  render  to  the  Collector  of  In- 
ternal Revenue  for  the  said  collection-district  a  certain  state- 
ment l  in  writing,  in  form  as  prescribed  by  law,  and  purporting 
to  be  a  true  statement,  taken  from  the  books  of  him  the  said 
— ,  of  the  estimated  quantity  in  barrels  of  the  malt 
liquors  by  him  brewed  at  the  said  brewery  during  the  said 

month  of ,  and  of  the  actual  quantity. of  the  malt  liquors 

by  him  sold,  or  removed  for  consumption  or  sale,  from  the 
said  brewery,  during  the  same  month;  and  that  the  said 

-  then  and  there,  to  wit,  at  the  time  and  place  of  so  mak- 
ing and  rendering  the  said  statement  as  aforesaid,  fraudulently 
and  intentionally  did  make  in  the  said  statement  a  certain 
entry  to  the  effect  that  the  estimated  quantity  of  malt  liquors 
by  him  brewed  at  the  said  brewery  during  the  said  month  of 

-  was  -    -  barrels,  and  a  certain  other  entry  to  the  effect 
that  the  actual  quantity  of  malt  liquors  by  him  during  that 
month  sold,  or  removed  for  consumption  or  sale,  from  the  said 

brewery,  was barrels ;  whereas  in  truth  and  in  fact  the 

estimated  quantity  of  malt  liquors  by  him  the  said 

brewed  at  the  said  brewery  during  the  said  month  of  - 

was  not barrels,  but  was  a  different  and  much  greater 

number  of  barrels,  to  wit, barrels,  and  the  actual  quantity 

of  malt  liquors  by  him  during  that  month  sold,  or  removed 

for  consumption  or  sale,  from  the  said  brewery,  was  not 

barrels,  but  was  a  different  and  much  greater  number  of  bar- 
rels, to  wit, barrels ;  he  the  said then  and  there, 

to  wit,  at  the  time  and  place  of  so  making  the  said  entries, 
well  knowing  the  same  to  be  false  and  fraudulent  as  aforesaid. 
And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 
do  say,  that  the  said ,  in  manner  and  form  afore- 
said, so  being  an  owner  and  occupant  of  a  brewery  as  afore- 
said, in  a  monthly  statement  by  law  required  to  be  made  and 
rendered  by  him  as  such  person,  fraudulently     [§  3340,  R.  S.] 
and  intentionally  did  make  false  entries ;  against,  etc. 

No.  554  (2). 

—  in  the  said District  of ,  then  and  there  being 

an  owner  and  superintendent  of  a  certain  brewery  there  situ- 
ate and  used  in  making  fermented  liquors,  and  having  made 

JSoe  Sec.  3337,  R  SL 


310  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

at  the  same  brewery  a  certain  large  quantity,  to  wit, 

barrels,  of  fermented  liquors,  unlawfully  did  evade,  and  at- 
[§  3340,  B.  S.j  tempt  to  evade,  the  payment  of  the  internal- 
revenue  tax  on  the  fermented  liquors  last  aforesaid ;  against, 
etc. 


Indictment,  on  Sec.  3340,  B.  8.,  against  the  superintendent 
of  a  brewery,  for  making,  and  allowing  and  procuring 
to  be  made,  false  entries  in  the  book  required  by  law 
to  be  kept ;  and  for  evading  the  internal-revenue  tax 
by  divers  means. 

No.  555  (1). 

present,  that ,  late  of  the  city  of  -  — ,  in  the 

said  district,  before  and  at  the  several  times  of  the  commit- 
ting of  the  several  offenses  hereinafter  mentioned,  at  - 
aforesaid,  in  the  district  aforesaid,  was  superintendent  of  a 
certain  brewery  used  for  the  purpose  of  making  fermented 
liquors,  and  had  the  said  brewery  under  his  control  as  agent 
for  the  occupant  thereof,  and  had  the  book  by  law  required 
to  be  kept  by  him  as  such  superintendent  and  agent,  wherein 
to  enter,  or  cause  to  be  entered,  (amongst  other  things,)  from 
day  to  day,  the  actual  quantity  of  fermented  liquors  sold  or 
removed  for  consumption  or  sale,  from  the  said  brewery,  in 
barrels  or  fractional  parts  of  a  barrel :  And  that  the  said  - 
,  on  the day  of ,  in  the  year  of  our  Lord  eight- 
een hundred  and ,  at aforesaid,  in  the  district  afore- 

[§  3340,  B.  S.]  said,  so  being  such  superintendent  and  agent 
of  the  said  brewery,  intentionally  did  make,  and  knowingly 
allow  and  procure  to  be  made,  in  the  said  book  a  false  entry, 
that  is  to  say,  a  certain  entry  to  the  effect  that  the  actual 
quantity  of  fermented  liquors  on  that  day  sold  or  removed 
for  consumption  or  sale  from  the  said  brewery  was  -  -  quar- 
ter-barrels; whereas  in  fact  the  actual  quantity  of  fermented 
liquors  on  that  day  sold  or  removed  for  consumption  or  sale 

from  the  said  brewery  was  not quarter-barrels,  but  was 

a  different  and  much  greater  quantity ;  against,  etc. 


CEIMES    UNDER   INTERNAL-REVENUE   LAWS.  311 

No.  556  (2). 

further  present,  that  the  said ,  on  the 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

— ,  at aforesaid,  in  the  district  aforesaid,  so  being  such 

superintendent  and  agent  of  the  said  brewery  as  aforesaid, 
unlawfully  did  intentionally  make,  and  knowingly  allow  and 
procure  to  be  made,  in  the  said  book  another  [§  3340,  R.  $.] 
false  entry,  that  is  to  say,  a  certain  entry  to  the  effect  that 
the  actual  quantity  of  fermented  liquors  sold  or  removed  for 
consumption  or  sale  from  the  said  brewery  on  the  day  last 

aforesaid  was barrels;  whereas  in  fact  the  actual  quantit\- 

of  fermented  liquors  sold  or  removed  for  consumption  or  sale 

from  the  said  brewery  on  that  day  was  not barrels,  but 

was  a  different  and  much  greater  quantity ;  against,  etc.,  [or, 
to  wit, barrels  of  fermented  liquors;  against,  etc.] 

No.  557  (3). 

so  being  such  superintendent  and  agent  of  a  brewery 

used  in  making  fermented  liquors  as  aforesaid,  unlawfully  did 
evade,  and  attempt  to  evade,  the  payment  of  [§  3340,  B.  S.] 
the  internal-revenue  tax  on  the  same  fermented  liquors,  by 
fraudulently  neglecting  to  keep  truly  and  exactly  the  books 
then  by  law  required  to  be  kept  by  him,  and  to  make  truly 
and  exactly  the  reports  then  by  law  required  to  be  made  by 
him,  as  such  superintendent  and  agent  of  a  brewery, —  and  by 
intentionally  making  in  the  said  books  and  reports  respectively 
false  and  fraudulent  entries  of  the  quantities  of  the  fermented 
liquors  produced  at  the  said  brewery,  and  of  the  materials  for 
that  purpose  purchased, —  and  by  removing  and  disposing  of 
the  same  fermented  liquors  without  payment  of  the  said  in- 
ternal-revenue tax  thereon,  and  in  vessels  upon  which  the 
internal-revenue  stamps  then  required  by  law  had  not  then 
been  affixed  respectively,  and  in  vessels  upon  which  fraudulent 
and  re-used  internal-revenue  stamps  were  then  affixed  respect- 
ively ;  against,  etc. 


312  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

I  ml  irt  m.'ii! .  on  Sec.  3340,  R.  S.,  against  a  brewer,  for  neg- 
lecting to  keep  books,  and  make  entries  in  the  book 
called  Form  104. 

No.  558. 

-  present,  that ,  late  of  the  city  of ,  in  the 

said  district,  on  the day  of  -  — ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  and  from  thence  until  and  on  the 

o  » 

-  day  of ,  in  the  same  year,  at aforesaid,  in  the 

district  aforesaid,  was  a  brewer,  and  person  owning  and  occu- 
pying a  certain  brewery  there  situate  and  used  in  making  fer- 
mented liquors;  during  which  period,  and  on  the  several  days 
thereof,  divers  large  quantities  of  fermented  liquors  were  there 
sold  and  removed  for  consumption  and  for  sale  from  the  said 

brewery ;  and  that  the  said during  that  period  there 

unlawfully  did  fail  and  neglect  to  enter,  or  cause  to  be  entered, 
from  day  to  day,  in  the  book  called  Form  104,  by  law  required 
to  be  for  that  purpose  kept  by  him  as  such  brewer  and  person 
owning  and  occupying  a  brewery,  the  actual  quantities  of  fer- 
mented liquors  so  from  day  to  day  sold  or  removed  for  con- 
sumption or  for  sale  from  the  said  brewery,  during  the  period 
aforesaid.  And  so  the  grand  jurors  aforesaid,  upon  their  oath 

aforesaid,  do  say,  that  the  said ,  in  manner  and  form 

aforesaid,  being  a  brewer  and  person  owning  and  occupying  a 
[§  3340,  R.  S.]  brewery,  did  neglect  to  keep  books  as  pro- 
vided by  law ;  against,  etc. 


Indictment,  on  Sec.  3342,  R.  S.,  (Act  of  Mar.  3,  1875, 
1  Supp.  R.  S.,  2d  Ed.,  93,)  against  a  brewer,  for  neg- 
lecting to  cancel  internal-revenue  stamps  on  beer-bar- 
rels; with  a  count  on  Sec.  3344,  R.  S.,  for  drawing 
fermented  liquor  from  packages  without  defacing  the 
stamps. 

No.  559  (1). 

being  then  and  there  a  brewer,  and  about  to  sell  and 

remove  from  his  brewery  certain  vessels,  to  vf\\,tfive  quarter- 
barrels  and  five  eighth-barrels,  then  and  there  containing  fer- 
mented liquor,  to  wit,  beer,  by  him  made,  and  having  then 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  313 

and  there  affixed  to  the  said  vessels  respectively  stamps  de- 
noting the  internal-revenue  tax  on  the  said  fermented  liquor 
so  therein  contained,  unlawfully  did  neglect  and  refuse  to 
cancel  the  said  stamps,  at  the  time  of  so  af-  [§  3342,  R.  S.] 
fixing  the  same  as  aforesaid,  by  writing  or  imprinting  on  the 
same  respectively  his  name,  or  the  initial  letters  of  his  name, 
and  the  date  of  cancellation ;  against,  etc. 

No.  560  (2). 

unlawfully  did  withdraw,  and  aid  in  withdrawing,  fer- 
mented liquor,  to  wit,  beer,  from  certain  ves-  [§  3344,  R.  S.] 
sels,  to  wit,  two  quarter-barrels  and  two  eighth-barrels,  then 
containing  the  same,  without  destroying  or  defacing  the 
stamps,  then  affixed  on  the  same  vessels  respectively,  for  de- 
noting the  internal-revenue  tax  on  the  same  fermented  liquor; 
against,  etc. 


Indictment,  on  Sec.  3343,  R.  S.,  against  a  brewer,  for  sell- 
ing  beer  in  packages  with  twice-used  stamps  thereon. 

No.  561  (1). 

being  then  and  there  a  brewer,  unlawfully  did  sell  and 

remove,  and  aid  in  selling  and  removing,  fer-  [§  3343,  R.  S.] 
mented  liquor,  to  wit,  beer,  then  and  there  contained  in  divers 
kegs,  to  wit,  five  kegs,  from  a  certain  brewery  there  situate, 
upon  each  of  which  said  kegs  an  internal -re  venue  stamp  once 
cancelled  was  then  and  there  used  a  second  time ;  against,  etc. 


No.  562  (2). 

unlawfully  did  sell  and  remove,  and  aid  in  selling  and 

removing,  other  fermented  liquor,  to  wit,  [§  3343,  R.  S.] 
beer,  then  and  there  contained  in  divers  other  kegs,  to  \\j\t,five 
other  kegs,  from  a  certain  brewery  there  situate,  upon  each 
of  which  kegs  last  aforesaid  a  stamp  for  denoting  the  internal- 
revenue  tax  on  fermented  liquors,  and  which  had  once  been 
cancelled,  was  then  and  there  used  a  second  time ;  against,  etc. 


314  FORMS   ADAPTED  TO  CRIMINAL   CASES. 

No.  5G3  (3). 

unlawfully  did  sell  and  remove,  and  aid  in  selling  and 

[§  3343,  R.  S.]  removing,  other  fermented  liquor,  to  wit, 
baer,  then  and  there  contained  in  divers  other  vessels,  to  wit, 
five  other  kegs  and  five  barrels,  from  a  certain  brewery  there 
situate;  upon  each  of  which  vessels  in  this  count  mentioned  a 
stamp  for  denoting  the  internal-revenue  tax  on  fermented 
liquors,  and  which  had  once  been  cancelled,  was  by  the  said 
-  then  and  there  fraudulently  used  a  second  time; 
against,  etc. 


Complaint,  on  Sec.  3343,  R.  S.,  against  a  brewer,  for  sell- 
ing beer  in  packages  with  twice-used  stamps  thereon. 

No.  564. 

Northern  District  of , ) 

County  of ,          f  set.  —  W B ,  of ,  in 

the  Northern  District  of  ,  makes  oath  and  says,  that 

he  has  good  cause  to  believe,  and  does  verily  believe,  that 

J—    -  H ,  late  of ,  in  the  said  district,  at  divers  times 

between  the  first  day  of  June,  in  the  year  1893,  and  the  first 

day  of  October,  in  the  same  year,  inclusive,  at aforesaid, 

in  the  district  aforesaid,  being  then  and  there  a  brewer,  did 
[§  3343,  R.  S.]  sell  and  remove,  and  aid  in  selling  and  re- 
moving, divers  large  quantities  of  fermented  liquor,  to  wit, 
beer,  contained  in  kegs  and  other  vessels,  to  the  number  of 
one  hundred  at  least,  from  a  certain  brewery  there  situate ; 
upon  each  of  which  said  kegs  and  vessels,  when  so  sold  and 
removed  with  the  contents  aforesaid,  an  internal-revenue 
stamp  once  cancelled  was  unlawfully  and  fraudulently  used  a 
second  time.  "W B . 

Sworn  and  subscribed  before  me  by  the  above-named  "W 

B ,  this  23d  day  of  May,  A.  D.  1894. 

Witness  my  hand  and  official  seal. 

(L.  S.)  G S.  A ,  v 

Clerk  of County  Circuit  Court. 


CEIMES   TJNDEB   INTEKNAL-EEVENUE    LAWS.  315 

• 

Indictment^  on  Sec.  3343,  R.  8.,  for  purchasing  and  receiv- 
ing beer  in  package  without  the  stamp ;  with  a  count 
on  Sec.  3344,  R.  S.,  for  drawing  beer  from  such  a 
package ;  and  with  a  count  on  Sec.  3354,  R.  S.,  for 
withdrawing  beer  from  such  a  package,  for  the  pur- 
pose of  bottling  the  same. 

•No.  565  (1). 

unlawfully  did  purchase  and  receive  certain  fermented 

liquor,  to  wit,  beer,  contained  in  a  certain  vessel,  to  wit,  a 
half-barrel,  from  a  certain  brewery  there  [§  3343,  R.  S.] 
situate,  upon  which  vessel  the  internal-revenue  stamp  or  per- 
mit then  required  by  law  had  not  then  been  affixed ;  against, 
etc. 

No.  566  (2). 

unlawfully  did  withdraw,  and  aid  in  withdrawing,  cer- 
tain fermented  liquor,  to  wit,  beer,  from  a  certain  half-barrel 
upon  which  had  not  then  been  affixed  the  [§  3344,  R.  S.] 
proper  stamp  for  denoting  the  internal-revenue  tax  thereon  ; 
against,  etc. 

No.  567  (3). 

unlawfully  did  withdraw  certain  fermented  liquor,  to 

wit,  beer,  for  the  purpose  of  bottling  the  same,  from  a  certain 
half-barrel  and  vessel  upon  which  the  proper  [§  3354,  R.  S.] 
internal-revenue  stamp  had  not  then  been  affixed ;  against,  etc. 


Indictment,  on  Sec.  3343,  R.  S.,  against  a  brewer,  for  re- 
moving beer  in  packages  with  twice-used  stamps ;  with 
a  count  on  Sec.  3344,  R.  S.,  for  withdrawing  beer  from 
packages  without  defacing  the  stamps;  and  with  a 
count  on  Sec.  3354,  R.  S.,  for  withdrawing  beer,  for 
bottling,  from  unstamped  packages. 

No.  568  (1). 

being  then  and  there  a  brewer,  unlawfully  did  remove, 

and  aid  in  removing,  from  a  certain  brewery     [§  3343,  R.  S.] 
by  him  then  and  there  occupied,  certain  fermented  liquor  con- 


316  FORMS    ADAPTED   TO   CRIMINAL   CASES. 


tained  in  certain  vessels,  that  is  to  s&y,  fifty  half  -barrels  of 
beer  and  fifty  kegs  of  beer,  upon  each  of  which  said  vessels  a 
certain  internal-revenue  stamp,  of  the  kind  then  and  there  re- 
quired by  law  to  be  affixed  thereon,  and  which  had  then  once 
been  cancelled,  was  then  and  there  used  a  second  time  ;  against, 
etc. 

No.  569  (2). 

-  unlawfully  did  withdraw,  and  aid  in  withdrawing,  cer- 
[§3344-,  R.  S.]  tain  other  fermented  liquor,  to  wit,  beer, 
from  Jiffy  other  half-barrels  and  fifty  other  kegs  then  and 
there  containing  the  same,  without  destroying  or  defacing 
the  internal-revenue  stamp  then  and  there  affixed,  as  required 
by  law,  on  each  of  the  last-mentioned  half-barrels  and  kegs; 
against,  etc. 

No.  570  (3). 

-  unlawfully  did  withdraw  certain  other  fermented  liq- 
[§  3354;  R.  S.]  uor,  to  wit,  beer,  for  the  purpose  of  bottling 
the  same,  from  fifty  other  half-barrels  and  fifty  other  kegs, 
upon  each  of  which  last-mentioned  half  -barrels  and  kegs  the 
proper  internal  revenue  stamp  then  and  there  required  by  law 
had  not  then  and  there  been  affixed  ;  against,  etc. 


Indictment^  on  Sec.  3354,  R.  S.,  for  bottling  on  brewery 
premises,  and  premises  having  communication  with  a 
warehouse ;  with  a  count  on  Sec.  3344,  R.  S.,  for  with- 
drawing weiss-beer  from  packages  with  fraudulent 
stamps  thereon. 

No.  571  (1). 

-  unlawfully  did  carry  on,  and  attempt  to  carry  on,  the 
[55  3354,  R.  S.]  business  of  bottling  fermented  liquor,  in  a 
certain  brewery  in  which  fermented  liquor  was  then  made, 
and  upon 'premises  then  having  communication  with  the  said 
brewery;  against,  etc. 

No.  572  (2). 


INO.  072  (V). 

unlawfully  did  carry  on  the  business  of  bottling  fer- 

[§  3354,  R.  S.]    mented  liquor  upon  certain  premises  then 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  317 

having  communication  with  a  brewery,  to  wit,  a  certain  brew- 
en^  then  operated  and  controlled  by  the  said ; 

against,  etc. 

No.  573  (3). 

unlawfully  did  carry  on  the  business  of  bottling  fer- 
mented liquor  upon  certain  premises  then  [§  3354,  B.  S.] 
having  communication  with  a  warehouse,  to  wit,  a  certain 
warehouse  then  occupied  by  one ;  against,  etc. 

No.  574  (4). 

unlawfully  did  withdraw  fermented  liquor,  to  wit, 

weiss-beer,  from  divers  vessels,  to  wit, ,     [§  3344,  B.  S.] 

on  each  of  which  vessels  was  then  affixed  a  false  and  fraudu- 
lent stamp,  that  is  to  say,  an  internal-revenue  stamp  of  the 
said  United  States,  called  a  beer-stamp,  then  once  before  used 
for  denoting  the  payment  of  the  internal-revenue  tax  on  fer- 
mented liquor,  and  then  void  and  invalid  by  reason  of  so  hav- 
ing been  once  used ;  against,  etc. 


Indictment,  on  Sec.  3360,  B.  S.,  (Sec.  14,  Act  of  Mar.  1, 
1879,—  !  Supp.  B.  S.,  2d  Ed.,  238,)  against  a  dealer  in 
leaf-tobacco,  for  neglecting  to  make  entries  of  sales  in 
the  two  books  provided  for  by  law. 

No.  575  (1). 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  on  the day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  and  thenceforth  until  and  on  the 

—  day  of ,  in  the  same  year,  at aforesaid,  in  the 

district  aforesaid,  was  a  dealer  in  leaf-tobacco,  and  was  pro- 
vided with  the  two  books  required  by  law  to  be  kept  by  him 
as  such  dealer,  wherein  to  make  daily  entries,  under  certain 
regulations  before  that  period  duly  prescribed  in  that  behalf 
by  the  Commissioner  of  Internal  Revenue  of  the  said  United 
States,  of  the  number  of  hogsheads,  cases  or  pounds  of  leaf- 
tobacco  sold  by  him  the  said ,  with  the  name  and 

residence,  in  each  instance,  of  the  person  to  whom  the  same 


318  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

was  sold ;  of  which  regulations  the  said then  and 

before  that  time  there  had  notice :  And  that  the  said , 

so  being  such  dealer  in  leaf-tobacco,  during  the  period  aforesaid, 
there  made  divers  sales  of  divers  quantities  of  leaf-tobacco,  and 
then  and  there  did  willfully  neglect  to  make  in  the  said  books 
any  entry  whatsoever  concerning  the  said  sales  of  leaf-tobacco 
respectively,  on  the  same  days  on  which  the  said  sales  were 
so  made  respectively  as  aforesaid.  And  so  the  grand  jurors 

aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the  said 

,  in  manner  and  form  aforesaid,  so  being  a  dealer  in  leaf- 

[§  3360,  R.  S.,  as  am.]  tobacco,  as  aforesaid,  did  willfully 
neglect  to  keep  the  books  provided  for  by  law ;  against,  etc. 

No.  576  (2). 

was  a  dealer  in  leaf-tobacco,  and  was  provided  with 

the  two  books  required  by  law  to  be  kept  by  him  as  such 
dealer,  wherein  to  make  daily  entries,  under  certain  regula- 
tions before  then  duly  prescribed  in  that  behalf  by  the  Com- 
missioner of  Internal  Revenue  of  the  saicl  United  States,  (of 

which  regulations  the  said then  and  before  that  time 

there  had   notice,)  of  the  number  of  hogsheads,  cases  or 

pounds  of  leaf-tobacco  sold  by  him  the  said ,  with 

the  name  and  residence,  in  each  instance,  of  the  person  to 

whom  the  same  was  sold:  And  that  the  said then 

and  there,  as  such  dealer  as  last  aforesaid,  did  sell  certain 
other  leaf-tobacco,  to  wit,  two  hundred  pounds  of  leaf-tobacco, 
and  then  and  there  did  willfully  neglect  to  make  in  the  last- 
mentioned  books  any  entry  whatsoever  concerning  the  said 
sale  of  leaf-tobacco  as  last  aforesaid,  on  the  same  day  on 
which  that  sale  was  so  made  as  aforesaid.  And  so  the  grand 
jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that  the 

said ,  in  manner  and  form  in  this  count  aforesaid,  so 

being  such  dealer  in  leaf-tobacco,  did  willfully  neglect  to  keep 
[§  3360,  R.  S.,  as  am.]  the  books  provided  for  by  law; 
n gainst,  etc. 


CRIMES    UNDER   INTERNAL-REVENUE   LAWS.  319 

Indictment,  on  Sec.  3363,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  864,) 
for  selling  tobacco  not  properly  put  up  in  packages  and 
stamped. 

No.  577. 

unlawfully  did  sell,  and  offer  for  sale,  manufactured 

tobacco  not  put  up  in  packages  and  [§  3363,  R.  S.,  as  am.] 
stamped  as  prescribed  in  Chapter  Six,  of  Title  XXXY.,  of 
the  Revised  Statutes  of  the  said  United  States,  and  the  acts 
of  Congress  amendatory  thereof;  that  is  to  say,  that  the  said 

then  and  there  unlawfully  did  sell,  and  offer  for  sale, 

(and  not  as  a  retail  dealer  from  a  package  or  packages  stamped 
as  provided  in  the  chapter  and  acts  aforesaid,)1  one  pound  of 
smoking  tobacco,  and  one  pound  of  refuse  scraps,  clippings, 
cuttings  and  sweepings  of  tobacco,  not  then  and  there  put  up 
in  packages  containing  two,  three,  four,  eight  or  sixteen  ounces 
each,  or  in  any  such  package,  and  not  then  and  there  stamped 
with  the  proper  stamps  or  stamp  denoting  the  internal-reve- 
nue tax  on  the  said  tobacco;  against,  etc. 


Indictment,  on  Sec.  3376,  R.  S.,  for  neglecting  to  destroy 
the  stamps  on  emptied  tobacco-vessels. 

No.  578. 

did  have  in  — h —  hands  three  vessels,  each  then  and 

there  containing  tobacco,  and  bearing  a  stamp  denoting  the 
internal-revenue  tax  on  such  tobacco ;  which  said  vessels  were 

then  and  there  emptied ;  and  that  the  said then  and 

there  unlawfully  and  willfully  did  neglect  to  [§  3376,  R.  S.] 
destroy  the  said  stamps  respectively,  at  the  time  the  said 
vessels  were  so  emptied  respectively  as  aforesaid;  against, 
etc. 


1  Not  necessary.     U.  S.  v.  Imeand,  1  Woods,  581. 


320  FORMS   ADAPTED  TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  3383,  B.  S.,  (1  Supp.  B.  S.,  2d  Ed., 
863,)  against  a  tobacco-peddler,  for  refusing  to  exhibit 
his  certificate  to  a  revenue  agent. 

No.  579. 

-  being  then  and  there  a  peddler  of  tobacco  and  cigars, 

and  demand  being  then  and  there  made  by  S—   -  W.  P , 

then  an  internal-revenue  agent,  upon  him  the  said 


to  produce  the  certificate  to  him  as  such  peddler  from  the 
proper  collector  of  internal  revenue,  (that  is  to  say,  the  cer- 
tificate in  such  case  prescribed  by  the  internal-revenue  laws 
of  the  said  United  States,)  unlawfully  did  fail  and  refuse  to 
[§3383,  B.  S.]  produce  such  certificate,  when  so  thereto  re- 
quired as  aforesaid;  against,  etc. 


Indictment,  on  Sec.  3384,  B.  S.,  against  a  tobacco-peddler, 
for  failing  to  have  a  sign  on  his  wagon. 

No.  580. 

-  being  then  and  there  a  peddler  of  tobacco  and  cigars, 
traveling  with  a  wagon,  unlawfully  did  fail  to  have  affixed  to 
[§  3384,  B.  S.]  his  said  wagon,  in  a  conspicuous  place,  a  sign, 
painted  in  oil-colors,  or  gilded,  giving  his  full  name,  business 
and  collection-district;  against,  etc. 


Indictment,  on  Sec.  3384,  B.  S.,  against  a  tobacco-peddler, 
for  peddling  without  flrst  giving  bond  and  obtaining 
the  collector's  certificate. 

No.  581. 

present,  that ,  late  of  the  county  of ,  in 

the  said  district,  on  the day  of ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  within  the  county  and  dis- 

[§  3384,  B.  S.]  trict  aforesaid,  was  found  peddling  cigars 
and  tobacco,  and  unlawfully  did  sell,  and  offer  to  sell  and  de- 
liver, cigars  and  tobacco,  travelling  from  place  to  place  in  the 


CBIMES  UNDER  INTEBNAL-BEVENUE  LAWS.         821 

county  and  district  aforesaid,  without  having  first  given  bond 
as  a  peddler  of  tobacco,  as  required  by  law,  and  without 
having  first  obtained  a  certificate  as  such  peddler  from  the 
collector  of  internal  revenue  for  his  the  said 's  col- 
lection-district, as  required  by  law ;  against,  etc. 


Indictment,  on  Sec.  3384,  B.  S.,  against  a  tobacco- peddler, 
for  peddling  without  first  giving  bond  and  obtaining 
the  collector's  certificate. 

No.  582. 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  on  the day  of ,  in  the  year  of  our  Lord 

eighteen  hundred  and  ,  at aforesaid,  in  the  district 

aforesaid  and  the Internal-Ke venue  Col-     [§  3384,  R.  S.] 

lection-District  of ,  was  found  peddling  tobacco  and  cigars, 

and  unlawfully  did  sell,  and  offer  to  sell  and  deliver,  manufact- 
ured tobacco  and  cigars,  travelling  from  place  to  place  in  the 
city  and  districts  aforesaid,  without  having  first  given  bond  as 
a  peddler  of  tobacco,  as  required  by  law,  and  without  having 
first  obtained  a  certificate  as  such  peddler  from  the  Collector 
of  Internal  Revenue  for  the  collection-district  aforesaid,  as 
required  by  law ;  against,  etc. 


Indictment,  on  Sec.  3384,  R.  S.,  against  a  tobacco-peddler, 
for  peddling  without  first  giving  bond  and  obtaining  the 
collector's  certificate;  with  a  count  on  Sec.  3397,  R.  S., 
for  removing  cigars,  not  properly  boxed  and  stamped, 
from  the  manufactory. 

No.  583  (1). 

was  found  peddling  cigars  without  having  given  bond, 

as  a  peddler  of  tobacco,  as  provided  in  Title    [§  3384,  R.  S.] 
Thirty-Five,  Chapter  Six,  of  the  Revised  Statutes  of  the  said 
United  States;  against,  etc. 
21 


322  FORMS   ADAPTED    TO   CRIMINAL   OASES. 

No.  584  (2). 

unlawfully  did  peddle  cigars  without  having  previously 

[§  3384,  R.  S.]  obtained  a  certificate,  as  a  peddler  of  tobacco, 
from  the  Collector  of  Internal  Revenue  of  his  collection-dis- 
trict, as  provided  in  Title  Thirty-Five,  Chapter  Six,  of  the  Re- 
vised Statutes  of  the  said  United  States ;  against,  etc. 

No.  585  (3). 

unlawfully  did  remove  from  the  place  of  manufacture 

[§  3397,  R.  S.]  five  hundred  cigars  not  properly  boxed  and 
stamped  as  required  by  law ;  against,  etc. 

Indictment,  on  Sec.  3387,  R.  S.,  for  manufacturing  cigars 
without  giving  bond. 

No.  586. 

unlawfully  did  manufacture  cigars,  without  first  giv- 

[§  3387,  R.  S.]  ing  bond  as  required  by  law,  as  a  manufact- 
urer of  cigars ;  against,  etc. 


Indictment,  on  Sec.  3388,  R.  S.,  against  a  cigar-manufact- 
urer, for  not  baring  a  sign. 

No.  587. 

did  carry  on  the  business  of  a  cigar-manufacturer, 

within  a  certain  building  there  situate;  and  that  the  said 

[§  3388,  R.  S.]    then  and  there  unlawfully  did  neglect 

to  place  and  keep  on  the  side  or  end  of  the  said  building,  in 
such  manner  as  to  be  distinctly  seen,  a  sign,  with  letters 
thereon  not  less  than  three  inches  in  length,  painted  in  oil- 
colors  or  gilded,  giving  his  full  name  and  business;  against, 
etc. 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  323 

Indictment,  on  Sec.  3390,  R.  S.,  against  a  cigar-manufact- 
urer, for  neglecting  to  enter  daily,  in  the  book  called 
Form  73,  an  account  of  his  doings. 

No.  588  (1). 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  on  the  day  of  ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  and  thenceforth  until  and 

on  the  day  of  ,  in  the  same  year,  at  afore- 
said, in  the  district  aforesaid,  was  a  person  engaged  in  the 
manufacture  of  cigars,  and  as  such  by  law  required  to  enter 
daily  in  a  book  an  accurate  account  of  articles  purchased, 
manufactured,  sold,  consumed  or  removed  by  him  as  such 
manufacturer ;  (the  form  of  which  book  had  theretofore  been 
prescribed  by  the  Commissioner  of  Internal  Revenue  of  the 
said  United  States,  whereof  the  said then  and  be- 
fore that  time  there  had  notice;)  during  which  period,  on  the 
several  days  thereof,  the  said ,  as  such  manufact- 
urer of  cigars,  there  purchased  divers  quantities  of  leaf- 
tobacco,  cigars,  stems,  scraps,  clippings,  waste  and  cigar-boxes, 
and  manufactured  divers  large  numbers  of  cigars,  and  sold, 
and  removed  for  consumption  or  sale,  and  removed  from  his 
place  of  manufacture,  divers  quantities  of  leaf-tobacco,  cigars, 

stems  and  cigar-boxes :  And  that  the  said ,  during 

the  period  aforesaid,  so  being  such  manufacturer  of  cigars, 
there  unlawfully  did  willfully  neglect  to  enter  [§  3390,  R.  S.] 
daily  in  the  said  book  an  accurate  account  of  the  several  ar- 
ticles so  by  him  purchased,  consumed,  manufactured,  sold  and 
removed  respectively  as  aforesaid ;  against,  etc. 

No.  589  (2). 

was  a  person  engaged  in  the  manufacture  of  cigars, 

and  as  such  was  provided  with  the  book,  called  Form  73, 
wherein  to  enter  daily  an  accurate  account  of  his  doings  as 
such  manufacturer  of  cigars,  as  required  by  law;  the  form  of 
which  book  had  theretofore  been  prescribed  by  the  Commis- 
sioner of  Internal  Revenue  of  the  said  United  States,  whereof 
the  said then  and  before  that  time  there  had  notice : 


FORMS    ADAPTED   TO   CBIMINAL    CASES. 

And  that  the  said  -        ,  so  being  such  manufacturer,  and 

having  on  that  day  there  manufactured  a  large  number  of 

cigars,  to  wit,  cigars,  then  and  there  unlawfully  did 

[§  3390,  R.  S.]  willfully  neglect  to  enter  in  the  last-men- 
tioned book  any  account  of  the  said  cigars  so  by  him  manu- 
factured as  last  aforesaid ;  against,  etc. 

No.  589  (3). 

further  present,  that  the  said ,  on  the  • — 

day  of ,  in  the  year  of  our  Lord  eighteen  hundred  and 

,  and  from  thence  until  and  on  the day  of  -  — ,  in 

the  same  year  of  our  Lord  eighteen  hundred  and  -    — ,  at 

aforesaid,  in  the  district  aforesaid,  was  engaged  in  the 

manufacture  of  cigars,  and  had  the  book,  called  Form  73,  by 
law  required  to  be  kept  by  him  as  such  manufacturer  of  cigars, 
wherein  to  enter  daily  an  accurate  account  of  the  cigars  by 
him  manufactured,  sold  or  removed ;  and  that  the  said  - 

,  during  the  period  aforesaid,  to  wit,  on  the  first,  second, 

third,  fifth,  sixth  and  seventh  days  of  ,  in  the  year  of  our 

Lord  eighteen  hundred  and ,  in  the  city  and  district  afore- 
said, did  manufacture,  sell  and  remove  divers  large  numbers 
of  cigars,  together  amounting  to  five  thousand  cigars,  and  then 
[§  3390,  R.  S.]  and  there  unlawfully  did  willfully  neglect  to 
enter  daily  in  the  said  book  an  accurate  account  of  the  said 
cigars  so  by  him  manufactured,  sold  and  removed  respectively ; 
against,  etc. 


Indictment,  on  Sec.  3390,  R.  S.,  against  a  cigar-manufact- 
urer, for  neglecting  to  deliver  an  inventory  to  the 
collector  of  internal  revenue,  upon  concluding  busi- 
ness; with  a  count  on  Sec.  3387,  R.  S.,  (1  Supp.  R.  S., 
2d  Ed.,  240,  865,)  for  manufacturing  cigars  without 
having  given  bond. 

No.  590  (1). 

present,  that ,  late  of  the  city  of ,  in  the 

said  district,  before  and  on  the day  of ,  in  the  year 

of  our  Lord  eighteen  hundred  and ,  at aforesaid,  in 


CRIMES    UNDER   INTERNAL-REVENUE    LAWS.  325 

the  district  aforesaid  and  the Internal-Eevenue  Collec- 
tion-District of  ,  was  a  manufacturer  of  cigars,  and  on 

that  day  concluded  business  as  such  manufacturer  of  cigars; 
whereby  it  then  and  there  became  and  was  by  law  the  duty 

of  the  said to  make  and  deliver  to  the  Collector  of 

Internal  Revenue  for  the  said  collection-district  a  true  inven- 
tory, in  the  form  theretofore  prescribed  by  the  Commissioner 
of  Internal  Revenue,  of  the  quantity  of  leaf-tobacco,  cigars, 
stems,  scraps,  clippings  and  waste,  and  of  the  number  of  cigar- 
boxes  and  the  capacity  of  each  box,  held  or  owned  by  him  the 
said at  the  time  of  so  concluding  business  as  afore- 
said, setting  forth  what  portion  and  kinds  of  such  goods  were 
manufactured  or  produced  by  him,  and  what  were  purchased 
from  others,  and  to  verify  such  inventory  by  his  oath  indorsed 
thereon;  of  the  prescribing  of  the  form  of  which  inventory 

by  the  said  Commissioner  the  said then  and  before 

that  time  there  had  notice:  And  that  the  said then 

and  there,  so  having  concluded  business  as  such  manufacturer 
as  aforesaid,  unlawfully  did  refuse  and  willfully  neglect  to 
deliver  to  the  said  collector  such  inventory  [§  3390,  R.  S.] 
as  aforesaid ;  against,  etc. 

No.  591  (2). 

-  unlawfully  did  manufacture  cigars,  without  first  giving 
bond  as  required  in  Section  Three  Thousand     [§  3387,  R.  S.] 
Three  Hundred  and  Eighty-Seven  of  the  Revised  Statutes  of 
the  said  United  States ;  against,  etc. 

Indictment,  on  Sec.  3397,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  241,) 
for  removing  from  a  cigar-manufactory  cigars  not 
boxed  or  stamped ;  and  for  selling  the  same. 

No.  592  (1). 

-  unlawfully  did  remove  from  a  certain  cigar-manufac- 
tory there  fifty  cigars,  not  then  and     [§  3397,  R.  S.,  as  am.] 
there  packed  in  any  box  or  boxes,  and  without  the  proper 
stamp  or  stamps  thereon  denoting  the  internal-revenue  tax 
on  the  same ; l  against,  etc. 

1  An  indictment  under  this  section  need  not  aver  an  intent  to  defraud. 
U.  S.  v.  Jacoby,  12  Blatch.  491. 


326  FORMS  ADAPTED   TO   CRIMINAL   CASES. 

No.  593  (2). 

unlawfully  did  sell,  and  offer  for  sale,  fifty  cigars  not 

[§  3397,  R.  S.,  as  am.]  properly  boxed  and  stamped,  that  is 
to  say,  fifty  cigars  which  then  and  there  were  not  packed  in  a 
box  or  boxes  previously  unused  for  that  purpose,  and  were 
not  stamped  with  a  stamp  or  stamps  denoting  the  internal- 
revenue  tax  on  the  same  cigars;  against,  etc. 

No.  594  (3). 

unlawfully  did  remove  from  a  certain  cigar-manufac- 

[§  3397,  R.  S.,  as  am.]  tory  there  certain  other  cigars,  to 
wit,  five  hundred  other  cigars,  not  then  packed  in  a  box  or 
boxes  bearing  respectively  the  proper  stamp  or  stamps  denot- 
ing the  internal-revenue  tax  on  the  same  cigars;  against,  etc- 


Indictment,  on  Sec.  3397,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed.,  241,) 
for  removing  from  a  cigar-manufactory  cigars  not 
packed  in  nnused  boxes  and  not  stamped ;  and  for  sell- 
ing the  same. 

No.  595  (1). 

unlawfully  did  remove  from  a  certain  cigar-manu- 
factory there  certain  cigars,  to  wit,  two  hundred  and  fifty 
[§  3397,  R.  S.,  as  am.]  cigars,  not  then  and  there  packed  in 
a  box  or  boxes  previously  unused  for  that  purpose,  and  with- 
out the  proper  stamp  or  stamps  thereon  denoting  the  inter- 
nal-revenue tax  on  the  said  cigars ;  against,  etc. 

No.  596  (2). 

unlawfully  did  sell,  and  offer  for  sale,  certain  cigars  not 

[§  3397,  R.  S.]  properly  boxed  and  stamped,  that  is  to  say,  two 
hundred  and  fifty  cigars  which  then  and  there  were  not  packed 
in  a  box  or  boxes  previously  unused  for  that  purpose,  and 
were  not  stamped  with  the  proper  stamp  or  stamps  denoting 
the  internal-revenue  tax  on  the  same  cigars ;  against,  etc. 


CKIMES    UNDER   INTEBNALrBEVENUE   LAWS.  327 

Indictment,  on  Sec.  3397,  R.  S.,  (1  Supp.  R.  8,,  2d  Ed., 
241,)  for  removing  from  a  cigar-manufactory  cigars 
not  packed  in  unused  boxes,  and  without  stamps 
thereon;  and  for  selling  cigars  not  properly  boxed 
and  stamped. 

No.  597  (1). 

unlawfully  did  remove  from  a  certain  cigar-manufac- 
tory there  four  hundred  cigars,  not  [§  3397,  R.  S.,  as  am.] 
then  and  there  packed  in  any  box  or  boxes,  and  without  the 
proper  stamp  or  stamps  thereon  denoting  the  internal-revenue 
tax  on  the  same ;  against,  etc. 

No.  598  (2). 

unlawfully  did  remove  from  a  certain  manufactory, 

and  place  where  cigars  were  then  made,  there  situate,  four 
hundred  other  cigars  which  then  and  there  were  not  packed 
in  a  box  or  boxes  not  previously  used  for  that  purpose,  and 
were  not  stamped  with  an  internal-revenue  stamp  or  stamps 
denoting  the  internal-revenue  tax  on  the  same  cigars :  And  so 
the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say, 

that  the  said ,  at  the  time  and  place  and  in  manner 

and  form  in  this  count  aforesaid,  did  remove  from  a  manufac- 
tory, and  place  where  cigars  were  made,  cigars  not  packed  in 
a  box  or  boxes  as  required  by  the  [§  3397,  R.  S.,  as  am.] 
provisions  of  Chapter  7,  Title  XXXY,  of  the  Revised  Stat- 
utes of  the  said  United  States,  and  without  the  proper  stamp 
or  stamps  thereon  denoting  the  internal-revenue  tax  on  the 
same;  against,  etc. 

No.  599  (3). 

unlawfully  did  sell,  and  offer  for  sale,  four  hundred 

other  cigars  which  then  and  there  were  not  packed  in  a  box 
or  boxes  previously  unused  for  that  purpose,  and  were  not 
stamped  with  an  internal-revenue  stamp  or  stamps  denoting 
the  internal-revenue  tax  on  the  same  cigars.  And  so  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that 

the  said ,  at  the  time  and  place  and  in  manner  and 

form  in  this  count  aforesaid,  did  sell,  [§  3397,  R.  S.,  as  am.] 
and  offer  for  sale,  cigars  not  properly  boxed  and  stamped; 
against,  etc. 


328  FORMS    ADAPTED   TO   CRIMINAL    CASKS. 


Indictment,  on  Sec.  3397,  R.  S.,  (1  Snpp.  B.  8.,  2d  Ed., 
241,)  for  selling  cigars  in  boxes  bearing  false  customs- 
stamps,  and  cigars  not  properly  stamped ;  with  a  count 
on  Sec.  3403,  B.  S.,  for  selling  cigars,  claimed  to  have 
been  imported,  without  customs-stamps. 

No.  600  (1). 

unlawfully  did  offer  for  sale  certain  cigars,  to  wit,  ten 

thousand  cigars,  then  purporting  and  claimed  to  be  imported 
cigars,  and  packed  in  boxes  each  then  and  there  bearing  a 
false,  fraudulent  and  re-used  stamp  for  denoting  the  customs- 
duties  payable  to  the  said  United  States  upon  imported  cigars: 
And  so  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid, 
[§  3397,  B.  S.,  as  am.]  do  say,  that  the  said  -  — ,  in 

manner  and  form  aforesaid,  did  offer  for  sale  cigars  not  prop- 
erly boxed  and  stamped ;  against,  etc. 

No.  601  (2). 

-  unlawfully  did  offer  for  sale  certain  cigars,  to  wit,  ten 
thousand  cigars,  then  contained  in  boxes  then  bearing  respect- 
ively stamps  for  denoting  the  internal-revenue  tax  payable  to 
the  said  United  States  upon  cigars,  which  stamps  last  afore- 
said had  then  been  falsely  and  fraudulently  altered,  by  ob- 
scuring and  defacing  certain  words  and  figures  to  the  said 
grand  jurors  unknown, in  the  "place  for  cancellation" on  each 
of  the  same  stamps,  where  (by  regulation  theretofore  duly 
mache  and  published  by  the  Commissioner  of  Internal  Revenue 
of  the  said  United  States  in  that  behalf)  should  be  written  or 
imprinted  the  name  of  the  proper  manufacturer  or  importer, 
and  the  date  of  cancellation,  and  by  imprinting  in  that  place, 

on  each  of  the  same  stamps,  the  words  " " 

without  date.     And  so  the  grand  jurors  aforesaid,  upon  their 

oath  aforesaid,  do  say,  that  the  said ,  in  manner  and 

[§  3397,  R.  S.,  as  am.]  form  in  this  count  aforesaid,  did  offer 
for  sale  cigars  not  properly  stamped;  against,  eto. 


CEIMES    UNDER   INTERNAL-REVENUE   LAWS.  329 

No.  602  (3). 

unlawfully  did  sell  and  offer  for  sale  certain  cigars, 

to  wit,  ten  thousand  cigars,  purporting  and  [§  3403,  R.  S.] 
claimed  to  have  been  imported  into  the  said  United  States 
after  the  first  day  of  April,  in  the  year  eighteen  hundred  and 
sixty-nine,  and  which,  at  the  time  when  the  same  were  so 
sold  and  offered  for  sale,  were  not  put  up  in  packages  and 
stamped  as  provided  by  Chapter  7,  of  Title  XXXY,  of  the 
Revised  Statutes  of  the  said  United  States,  that  is  to  say,  that 
the  cigars  last  aforesaid,  then  contained  in  divers  boxes,  did 
not  then  have  affixed  thereon  respectively  the  proper  stamps 
for  denoting  the  customs-duties  payable  to  the  said  United 
States  upon  imported  cigars;  against,  etc. 

Indictment,  on  Sec.  3397,  R.  S.,  (1  Supp.  R.  S.,  2d  Ed., 
241,)  for  buying  cigars  on  which  the  internal-revenue 
tax  had  not  been  paid;  with  a  count  on  Sec.  3404, 
R.  S.,  for  purchasing  and  receiving  for  sale  cigars  not 
branded  or  stamped. 

No.  603  (1). 

feloniously  did  buy,  receive  and  have  in. his  possession 

five  hundred  cigars,  on  which  the  in-  [§  3397,  R.  S.,  as  am.] 
ternal-revenue  tax  then  by  law  imposed  upon  cigars  had  not 
been  paid ;  against,  etc. 

No.  604  (2). 

feloniously  did  buy,  receive,  and  have  in  his  possession 

five  hundred  other  cigars,  on  which  [§  3397,  R.  S.,  as  am.] 
the  internal-revenue  tax  to  which  the  same  were  then  liable 
had  not  then  been  paid ;  against,  etc. 

No.  605  (3). 

unlawfully  did  purchase  and  receive  for  sale  five  hun- 
dred other  cigars,  which  had  not  then  been  [§  3404,  R.  S.] 
branded  or  stamped  according  to  law;  against,  etc.1 

1  As  to  indicting  for  penalties,  see  No.  115,  note. 


330  FORMS    ADAPTED   TO   CRIMINAL   CASES. 


Indictment,  on  Sec.  3406,  R.  S.,  for  neglecting  to  destroy 
the  stamps  on  emptied  cigar-boxes. 

No.  606. 

having  then  and  there  in  — h —  hands  jive  boxes  then 

and  there  containing  cigars,  and  stamped  with  the  proper 
stamps  respectively  for  denoting  the  internal-revenue  tax  on 
the  said  cigars,  did  empty  the  said  boxes,  and  then  and  there 
[§  3406,  R.  S.]  unlawfully  did  willfully  neglect  to  destroy 
utterly  the  said  stamps  thereon;  against,  etc. 


Indictment,  on  Sec.  3406,  R.  S.,  for  neglecting  to  destroy 
the  stamps  on  emptied  cigar-boxes. 

No.  607. 

did  have  in  — h —  hands  forty  boxes,  each  then  and 

there  containing  cigars,  and  bearing  a  stamp  denoting  the  in- 
ternal-revenue tax  on  such  cigars ;  which  said  boxes  were  then 

and  there  emptied ;  and  that  the  said then  and  there 

[§  3406,  R.  S.J  unlawfully  and  willfully  did  neglect  to  de- 
stroy utterly  the  said  stamps  respectively,  at  the  time  the  said 
boxes  were  so  emptied  respectively  as  aforesaid ;  against,  etc. 


Indictment,  on  Sec.  3406,  R.  S.,  for  neglecting  to  destroy 
the  stamps  on  emptied  cigar-boxes. 

No.  608  (1). 

having  then  and  there  in  — h —  hands  a  large  number 

of  boxes,  to  wit,  jive  hundred  boxes,  each  then  and  there  bear- 
ing a  stamp  for  denoting  the  internal-revenue  tax  on  cigars, 
which  said  boxes  before  that  time  had  contained  cigars,  and 
[§  3406,  R.  S.]  had  been  emptied,  unlawfully  did  willfully 
neglect  to  destroy  utterly  the  said  stamps  on  thev  said  boxes ; 
against,  etc. 


CRIMES  UNDER  INTERNAL-REVENUE  LAWS.         331 

No.  609  (2). 

further  present,  that  heretofore,  to  wit,  on,  etc.,  at, 

etc.,  certain  stamped  boxes  containing  cigars,  to  wit,  five  hun- 
dred boxes,  each  then  and  there  bearing  a  stamp  of  the  said 
United  States  for  denoting  the  internal-revenue  tax  on  cigars, 
were  emptied,  and  so  being  emptied,  and  bearing  stamps  as 

aforesaid,  were  then  and  there  in  the  hands  of  the  said 

;  and  that  the  said then  and  there  unlawfully 

did  willfully  neglect  to  destroy  utterly  the  [§  3406,  E.  S.] 
said  stamps  on  the  boxes  last  aforesaid, —  against,  etc. 


Indictment,  on  Sec.  3406,  E.  S.,  for  buying  and  accepting 
from  another  empty  stamped  cigar-boxes ;  and  for  neg- 
lecting to  destroy  such  stamps;  and  for  using  such 
boxes  for  packing  cigars. 

No.  610  (1). 

unlawfully  did  fraudulently  buy,  and  accept  from  some 

person  or  persons  to  the  said  grand  jurors  unknown,  four 
boxes  which  before  then  had  contained  [§  3406,  B.  S.] 
cigars,  and  had  been  emptied,  and  which  were  each  then  and 
there  stamped  with  a  stamp  for  denoting  the  internal-revenue 
tax  on  cigars ;  against,  etc. 


No.  611  (2). 

having  in  — h —  hands  four  other  boxes  which  had  con- 
tained cigars,  and  had  been  emptied,  and  which  were  each 
then  and  there  stamped  with  a  stamp  for  denoting  the  in- 
ternal-revenue tax  on  the  said  contents  thereof,  unlawfully 
did  willfully  neglect  to  destroy  utterly  the  said  stamps  on  the 
last-mentioned  empty  stamped  cigar-boxes  [§  3406,  B.  S.] 
respectively ;  against,  etc. 

No.  612  (3). 

unlawfully  did  use,  for  packing  cigars,  a  certain  other 

box  which  theretofore  had  contained  cigars,  and  had  been 
emptied  of  such  cigars,  and  then  and  there     [§  3406,  E.  S.] 


332  FORMS    ADAPTED   TO   CRIMINAL   CASES. 

bore  an  internal-revenue  stamp  for  denoting  the  tax  on  the 
said  cigars  of  which  the  said  box  had  been  so  emptied ;  against, 
etc. 


Indictment^  on  Sec.  3451,  B.  s. ,  against  one  for  simulating, 
and  executing  in  the  name  of,  another  person  a  bond 
required  by  the  internal-revenue  laws ;  and  against  an- 
other for  aiding  and  advising  the  same  to  be  done. 

No.  613. 

(A—    -  B ) unlawfully  did  fraudulently  simulate 

and  pretend  to  be  J-   -  M ,  of  No.  820  West  -    -  Street,  ' 

in  -  -  aforesaid,  and  by  and  under  that  name  and  descrip- 
tion did  fraudulently  execute  and  sign,  as  a  surety,  a  certain 
[§  3451,  R.  S.]  bond  and  document  then  required  by  the  pro- 
visions of  the  internal-revenue  laws  of  the  said  United  States, 
that  is  to  say,  a  certain  bond  of  one  B —  -  C ,  as  a  cigar- 
manufacturer,  to  the  said  United  States,  in  the  sum  of 

dollars,  and  bearing  date  of  the  day  and  year  last  aforesaid ; 

he  the  said  A B not  then  being  J M ,  and  not 

then  residing  or  doing  business  at  No.  220  West Street,  in 

-  aforesaid :  And  that  C D ,  late  of  the  same  city, 

on  the  day  and  year  last  aforesaid,  within  the  city  and  district 
aforesaid,  unlawfully  did  procure,  advise  and  aid  the  said 

[§  3451,  R.  S.]     A B so  fraudulently  to  simulate  and 

pretend  as  aforesaid,  and  so  fraudulently  to  execute  and  sign 

the  bond  and  document  aforesaid ;  he  the  said  C D — 

then  well  knowing  the  said  A B not  to  be  J— 

M ,  and  not  to  be  then  residing  or  doing  business  at  No. 

West Street,  in aforesaid :  Against,  etc. 


MISCELLANEOUS  OFFENSES. 


Indictment,1  on  Sec.  5188,  R.  S.,  for  uttering  and  nsing  a 
business  card  in  likeness  of  a  national-bank  note. 

No.  614 

unlawfully  did  utter  and  use  a  certain  business  card 

and  advertisement  in  the  likeness  and  simili-  [§  5188,  R.  S.] 
tude  of  a  circulating  note  of  a  banking-association  organized 
under  the  laws  of  the  said  United  States,  that  is  to  say, in  the 
likeness  and  similitude  of  a  national-bank  note,  of  the  denom- 
ination of dollars,  issued  under  Title  LXII.  of  the  Re  vised 

Statutes  of  the  said  United  States ;  against,  etc. 


Indictment,2  on  Sec.  3708,  R.  S.,  for  uttering  and  nsing  a 
business  card  in  the  likeness  of  a  United-States  note  or 
( '  greenback." 

No.  615. 

unlawfully  did  utter,  circulate  and  use  a  certain  busi- 
ness card,  circular  and  advertisement  in  the  [§  3708,  R.  S.] 
likeness  and  similitude  of  an  obligation  emitted  by  the  said 
United  States  under  the  acts  of  Congress  concerning  the 
public  debt,  that  is  to  say,  in  the  likeness  and  similitude  of 
the  obligation  of  the  said  United  States  called  a  United- 
States  note,  or  "greenback,"  of  the  denomination  of dol- 
lars; against,  etc. 


1  As  to  indicting  for  penalties,  see  No.  115,  note;  and  especially  U.  S.  v. 
Laescki,  29  F.  R  699,  holding  that  Sees.  3708  and  5188,  R  S.,  do  not  author- 
ize an  indictment. 

3  See  No.  614,  note. 


334  FORMS    ADAPTED    TO   CRIMINAL   CASES. 

Indictment,  on  Sec.  1  of  the  Act  of  Mar.  3,  1875,  (1  Supp. 
R.  $.,  2d  Ed.,  88,)  for  stealing  money  and  postage- 
stamps  belonging  to  the  United  States. 

No.  616  (1). 

one  hundred  pieces  of  copper  coin,  called  one-cent 

pieces,  of  the  minor  coinage  of  the  said  United  States,  of  the 
value  of  one  dollar,  forty-nine  postage-stamps,  (of  the  kind 
authorized  and  provided  by  the  Post-Office  Department  of 
the  said  United  States,)  each  of  the  denomination  and  value 
of  two  cents,  and  one  brass  dating-stamp,  of  the  moneys, 
goods,  chattels  and  property  of  the  said  United  States  then 
[Sec.  1,  Act  Mar.  3,  1875.]    and  there  being,  feloniously  did 
purloin,  steal,  take  and  carry  away ;  against,  etc. 

No.  617  (2). 

feloniously  did  purloin,  steal,  take  and  carry  away 

[Sec.  1,  Act  Mar.  3,  1875.]    divers  postage-stamps,  (of  the 
kinds  authorized  and  provided  by  the  Post-Office  Department 
of  the  said  United  States,)  that  is  to  say,  forty-nine  postage- 
stamps,  each  of  the  denomination  and  value  of  two  cents,  and 
forty-five  postage-stamps,  each  of  the  denomination  and  value 
of  one  cent,  of  the  stamps,  goods,  chattels  and  property  of 
the  said  United  States;  against,  etc. 

Indictment,  on  Sec.  5209,  B.  S.,  against  the  cashier  of  a 
national  bank,  for  issuing  a  certificate  of  deposit  and 
drawing  bills  of  exchange,  withont  authority  from  the 
directors;  for  making  false  entries  in  reports  to  the 
Comptroller  of  the  Currency;  for  misapplying  the 
moneys  of  the  bank  by  paying  his  own  debts  with  them 
and  lending  them  to  himself;  and  for  embezzling  and 
abstracting  the  moneys,  funds  and  credits  of  the  bank. 

No.  618  (1). 

was  cashier  of  the  First  National  Bank  of  M ,  a 

banking-association  there  before  that  time  established  and 
then  existing  under  and  by  virtue  of  the  laws  of  the  said 


MISCELLANEOUS    OFFENSES.  335 

United  States  concerning  national  banks;  and  that  the  said 
— ,  so  being  cashier  of  the  said  banking-association, 
then  and  there,  without  authority  from  the  [§  5209,  R.  S.] 
directors  thereof,  unlawfully  did  issue  and  put  forth  a  certain 
certificate  of  deposit  of  the  said  banking-association,  that  is 
to  say,  a  certificate  of  deposit,  bearing  date  of  the  day  and 

year  aforesaid,  for  the  sum  of dollars,  payable  six  months 

after  that  date  to  the  order  of  one  W M.  G ;  he  the 

said thereby  then  and  there  intending  to  injure  and 

defraud l  the  said  banking-association ;  against,  etc. 

No.  619  (2). 

was  cashier  of  the  First  National  Bank  of  M ,  a 

banking-association  there  before  that  time  and  then  estab- 
lished and  existing  under  and  by  virtue  of  the  laws  of  the  said 
United  States  concerning  national  banks ;  and  that  the  said 
— ,  so  being  such  cashier,  then  and  there,  with  intent 
to  injure  and  defraud  the  said  banking-asso-  [§  5209,  R.  S.] 
ciation,  unlawfully  did  draw  a  certain  bill  of  exchange  of  the 
said  banking-association,  without  authority  from  the  directors 
thereof,  that  is  to  say,  a  certain  bill  of  exchange,  bearing  date 

of  the  day  and  year  last  aforesaid,  on  the  N P Bank, 

of  New  York,  for  the  sum  of  dollars,  in  current  funds, 

payable  thirty  days  after  that  date  to  the  order  of  II 

C ;  against,  etc. 

No.  620  (3). 

further  present,  that  the  said ,  before  and  on 

the day  of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and ,  and  thenceforth  until  and  on  the day  of 

— ,  in  the  same  year,  at  M aforesaid,  in  the  district  afore- 
said, was  cashier  of  the  First  National  Bank  of  M ,  the 

same  being  before  and  during  that  period  an  association  there 
organized  and  existing  under  and  by  virtue  of  the  laws  of 
the  said  United  States  concerning  national  banks ;  and  that 
the  said  association,  on  the  day  last  aforesaid,  there  made 

iSee  U.  S,  v.  Britton,  107  U.  S.  655. 


336  FORMS   ADAPTED   TO   CRIMINAL   CASES. 

and  transmitted '  to  the  then  Comptroller  of  the  Currency  of 
the  said  United  States  a  certain  report2  of  the  condition  of 
the  said  association  at  the  close  of  business  on  the  said  - 

day  of ,  in  the  same  year  eighteen  hundred  and  , 

according  to  a  certain  form  theretofore  prescribed  by  the 
Comptroller  of  the  Currency  of  the  said  United  States  for  the 
time  being, —  the  same  being  a  report  which  it  was  there  and 

then,  to  wit,  on  the  said day  of ,  in  the  same  year, 

by  law  the  duty  of  the  said  association  to  make  and  transmit 
to  the  said  Comptroller,  to  wit,  one  of  the  five  reports  before 
that  time  and  then  required  by  law  to  be  made  in  each  year 
by  every  such  association,  and  being  then  and  there  verified 
by  the  oath  of  the  said  cashier  of  the  same  association,  and 
attested  by  the  signature  of  three  of  the  then  directors  thereof.8 
And  the  grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do 

further4  present,  that  the  said ,  so  being  cashier  of 

the  said  association,  on  the  said day  of ,  in  the  year 

eighteen  hundred  and ,  within  the  city  and  district  afore- 

[§  5209,  R.  S.J  said,  unlawfully  did  make  certain  false  entries 
in  the  said  report  so  made  as  aforesaid,  that  is  to  say,  a  false 
entry  to  the  effect  that  at  the  close  of  business  on  the  said 

-  day  of ,  in  the  same  year  eighteen  hundred  and , 

the  amount  due  to  the  said  association  from  approved  reserve- 
agents  was dollars  and  cents, —  whereas  in  truth 

the  amount  then  due  to  the  said  association  from  approved 
reserve-agents  was  a  different  and  much  smaller  sum  of  money ; 
and  another  false  entry  to  the  effect  that  the  amount  then  due 

to  the  said  association  from  the  M N Bank  of  C — 

was  —   —  dollars  and cents, — whereas  in  truth  the  amount 

then  due  to  the  said  first  National  Bank  of  M—  -  from  the 
said  M—  -  N—  -  Bank  of  C—  -  was  a  different  and  much 
smaller  sum  of  money;  and  another  false  entry  to  the  effect 

1  Not  necessary  to  allege  transmittaL     17.  8.  v.  Potter,  56  F.  R  83. 

2  See  Sec.  5211,  R  a,  and  Act  of  Feb.  26,  1881,  1  Supp.  R  a,  2d  Ed.,  81& 
The  report  need  not  be  set  out  in  the  indictment.     U.  S.  v.  French,  57 

F.  R  382. 

8  It  is  not  necessary  to  aver  that  the  report  had  been  called  for  by  the 
Comptroller.  U.  &  v.  Hughitt,  45  F.  R  47. 

That  verification  of  the  report  should  be  alleged,  see  U.  8.  v.  Potter,  56 
Id.  97. 

«  See  No.  6,  note  14, 


MISCELLANEOUS    OFFENSES.  337 

that  the  amount  then  due  to  the  said  First  National  Bank  of 

M from  the  U 1ST Bank  of  C was dollars 

and  cents, —  whereas  in  truth  the  amount  then  due  to 

the  said  First  National  Bank  of  M ^  from  the  said  U— 

N—   -  Bank  of  C was  a  different  and  much  smaller  sum 

of  money ;  he  the  said then  and  there,  to  wit,  at  the 

time  and  place  of  so  making  the  said  false  entries  in  the  said 
report  as  aforesaid,  thereby  intending  to  injure  and  defraud 

the  said  First  National  Bank  of  M ,  and  one  "W P. 

P and  divers  other   persons  (too  numerous  to  be  here 

named  [or,  whose  names  are  to  the  said  grand  jurors  un- 
known] 5),  then  shareholders  thereof,  and  to  deceive  the  then 
president  and  directors  of  the  same  bank,  and  the  said  Comp- 
troller of  the  Currency : 6  against,  etc. 

No.  621  (4). 

further  present,  that  the  said ,  before  and  on 

the day  of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and ,  and  thenceforth  until  and  on  the  -  -  day  of 

— ,  in  the  year  of  our  Lord  eighteen  hundred  and ,  at 

M aforesaid,  in  the  district  aforesaid,  was  cashier  of  the 

First  National  Bank  of  M ,  the  same  being  before  and 

during  that  period  an  association  there  organized  and  exist- 
ing under  and  by  virtue  of  the  laws  of  the  said  United  States 
concerning  national  banks;  and  that  the  same  association,  on 
the  day  last  aforesaid,  pursuant  to  a  request l  theretofore  re- 
ceived by  it  from  the  Comptroller  of  the  Currency  of  the  said 
United  States  for  the  time  being,  there  made  and  transmitted 
to  the  then  Comptroller  of  the  Currency  of  the  said  United 
States  a  certain  report  of  the  condition  of  the  same  associa- 
tion at  the  close  of  business  on  the  said day  of ,  in 

the  year  eighteen  hundred  and ,  according  to  a  certain 

form  theretofore  prescribed  by  the  Comptroller  of  the  Cur- 
rency of  the  said  United  States  for  the  time  being, —  the  same 
report  being  there  and  then,  to  wit,  on  the  said day  of 

8  See  V.  S.  v.  Potter,  56  F.  R  83. 

•Notwithstanding  U.  S.  v.  Bartow,  10  Id.  874;  see  U.  S.  v.  French,  57  Id 
382,  and  cases  cited. 
1  See  No.  620,  note  3. 
22 


338  FORMS   ADAPTED  TO   CRIMINAL   CASES. 

,  in  the  year  eighteen  hundred  and ,  one  of  the  five 

reports  before  that  time  and  then  required  by  law  to  be  made 
and  transmitted  to  such  Comptroller  in  each  year  by  ever}' 
such  association,  and  being  then  and  there  verified  by  the 
oath  of  the  said  cashier  of  the  same  association,  and  attested  by 
the  signature  of  three  of  the  then  directors  thereof.  And  the 
grand  jurors  aforesaid,  upon  their  oath  aforesaid,  do  further 

present,  that  the  said ,  so  being  cashier  of  the  same 

association,  on  the  said day  of ,  in  the  year  eighteen 

hundred  and ,  at  M aforesaid,  in  the  district  afore- 
said, unlawfully  did  make  certain  false  entries  in  the  said 
[§  6209,  R.  8.]  report  so  made  as  last  aforesaid,  that  is  to 
say,  an  entry  to  the  effect  that  at  the  close  of  business  on  the 

said  -    -  day  of ,  in  the  year  eighteen  hundred  and  —  — , 

there  was  due  to  the  same  association  from  approved  reserve- 
agents  the  sum  of  -  — ,  which  entry  was  and  is  false,  in  this, 
that  there  was  not  then  due  to  the  same  association  from 
approved  reserve-agents  that  sum  of  money,  or  any  such  sum 
of  money ;  and  another  entry  to  the  effect  that  there  was 

then  due  to  the  same  association  from  the  U N Bank 

of  C the  sum  of , —  which  entry  was  and  is  false,  in 

this,  that  there  was  not  then  due  to  the  said  First  National 

Bank  of  M from  the  said  U N Bank  of  C— 

that  sum  of  money,  or  any  such  sum  of  money ;  and  another 
entry  to  the  effect  that  there  was  then  due  to  the  said  First 

National  Bank  of  M from  the  C N Bank  of 

C the  sum  of , —  which  entry  was  and  is  false,  in 

this,  that  there  was  not  then  due  to  the  said  First  National 

Bank  of  M—  -  from  the  said  C N Bank  of  C— 

that  sum  of  money,  or  any  such  sum  of  money ;  he  the  said 

then  and  there,  to  wit,  at  the  time  and  place  of  so 

making  the  said  false  entries  in  the  last-mentioned  report  as 
aforesaid,  thereby  intending  to  injure  and  defraud  the  said 

First  National  Bank  of  M ,  and  one  N B —   -  and 

divers  other  persons  (too  numerous  to  be  here  named),  then 
shareholders  thereof,  and  to  deceive  the  then  Comptroller  of 

the  Currency  of  the  said  United  States,  and  one  J M , 

then  president  of  the  same  bank,  and  J N.  B ,  J 

S ,  J C ,  D—    -  B—  and  J M.  J ,  then 

directors  of  the  same  bank ;  against,  etc. 


MISCELLANEOUS   OFFENSES.  339 

No.  622  (5). 

was  cashier  of  the  First  National  Bank  of  M ,  a 

banking  association  there  before  that  time  organized  and  then 
existing  under  and  by  virtue  of  the  laws  of  the  said  United 
States  concerning  national  banks,  and  was  then  and  there 

personally  indebted  in  a  large  sum  of  money,  to  wit, 

dollars,  to  certain  persons  then  trading  under  the  style  and 

firm-name  of  S ,  H &  Company;  and  that  the  said 

— ,  so  being  cashier  of  the  association  last  aforesaid, 
and  so  being  personally  indebted  as  aforesaid,  then  and  there, 
with  intent  to  injure  and  defraud  the  same  association,  and 

one  W—  -  H.  M and  divers  other  persons  (too  numerous 

to  be  here  named),  then  shareholders  thereof,  unlawfully  did 
willfully  transfer  and  pay  over,  and  cause  to  be  transferred 
and  paid  over,  to  the  said  persons  trading  under  the  style  and 

firm-name  of  S ,  H— —  &  Company,  out  of  the  proper 

moneys,  funds  and  credits  of  the  same  association,  a  large 

sum  of  money,  to  wit, dollars,  in  payment  of  the  said 

personal l  debt  of  him  the  said ,  the  same  not  then 

and  there  being  in  any  wise  a  debt  or  obligation  of  the  said 
first  National  Bank  of  M ;  and  that  thereby  the  said 

then  and  there,  with  intent  as  in  this  count  afore- 
said, being  cashier  of  the  association  last  mentioned,  did  will- 
fully misapply  a  part  of  the  moneys,  funds  [§  5209,  R.  S.] 
and  credits  of  the  same, —  against,  etc. 

No.  623  (6). 

was  cashier  of  the  First  National  Bank  of  M ,  an 

association  then  and  there  existing  as  a  national  bank  under 
and  by  virtue  of  the  laws  of  the  said  United  States;  and  that 

the  said ,  so  being  such  cashier,  then  and  there,  with 

intent  to  injure  and  defraud  the  same  association,  and  one 

J N.  B and  divers  other  persons  (too  numerous  to  be 

here  named),  then  shareholders  thereof,  unlawfully  did  draw 

JThe  indictment  should  show  that  the  payment  was  unlawful  and  not  in 
the  interest  of  the  association.  U.  S.  v.  Eno,  56  F.  R  218. 

It  is  not  essential  that  it  should  be  alleged  that  the  acts  charged  were 
done  without  the  knowledge  and  assent  of  the  directors.  Ib. 


34:0  FORMS    ADAPTED   TO   CRIMINAL    OASES. 

|  ?!  5201),  R.  S.]  a  certain  other  bill  of  exchange  of  the  same 
association,  without  authority  from  the  directors  thereof,  that 
is  to  say,  a  certain  bill  of  exchange,  bearing  date  of  the  day 

and  year  last  aforesaid,  on  the  U—    -  N Bank  of  C , 

for  the  sum  of dollars,  in  current  funds,  payable  to  the 

order  of  certain  persons  under  the  style  and  designation  of 
S ,  II—  -  &  Co.;  against,  etc. 

No.  624  (7). 

-  being  then  and  there  cashier  of  a  banking-association 
organized  and  existing  under  the  laws  of  the  said  United 

States,  to  wit,  the  First  National  Bank  of  M ,  did  by  virtue 

of  his  said  office,  and  while  he  was  employed  therein,  have, 
receive,  and  take  into  his  possession  divers  notes  of  the  na- 
tional-bank currency  of  the  said  United  States,  to  the  amount 
and  of  the  value  of  twenty  thousand  dollars,  and  divers  United- 
States  notes,  treasury-notes,  legal-tender  notes  and  silver- 
certificates,  of  the  paper  currency  emitted  by  the  said  United 
States,  to  the  amount  and  of  the  value  together  of  twenty 
thousand  dollars,  and  divers  gold  coins  and  silver  coins  of  the 
coinage  of  the  said  United  States,  to  the  amount  and  of  the 
value  together  of  twenty  thousand  dollars,  and  divers  bills  of 
exchange  for  the  payment  of  money,  to  the  amount  and  of 
the  value  of  twenty  thousand  dollars,  and  divers  checks  for  the 
payment  of  money,  to  the  amount  and  of  the  value  of  twenty 
{.'""'sand  dollars,  and  divers  certificates  of  the  deposit  of 
money,  called  certificates  of  deposit,  to  the  amount  and  of  the 
value  of  twenty  thousand  dollars,  and  divers  promissory  notes 
for  the  payment  of  money,  to  the  amount  and  of  the  value  of 
twenty  thousand  dollars,  of  the  property,  moneys,  funds  and 
credits  of  the  same  banking-association  then  and  there  being; 

and  the  said the  same  national-bank  notes,  notes  of 

the  paper  currency  emitted  by  the  said  United  States,  gold 
coins,  silver  coins,  bills  of  exchange,  checks,  certificates  of  de- 
posit and  promissory  notes  then  and  there  unlawfully  and 
•V'09,  R.  S.]  feloniously  did  embezzle,  and  Abstract '  from 
the  banking-association  last  aforesaid,  with  intent  to  injure 
and  defraud  the  same  banking-association,  and  one  J— 

>See  U.  S.  v.  Xorthicay,  120  U.  S.  327. 


MISCELLANEOUS    OFFENSES.  341 

M and  one  J N.  B—   -  and  divers  other  individual 

persons  (too  numerous  to  be  here  named),  then  shareholders 
thereof, —  against,  etc.2 

No.  625  (8). 

was  cashier  of  a  banking-association  there  before  that 

time  established  and  then  existing  under  the  laws  of  the  said 
United  States  concerning  national  banks,  to  wit,  the  Firxt 

National  Bank  of  M ,  and  then  and  there  by  virtue  of  his 

said  office,  and  while  he  was  employed  therein,  had  in  his 
possession  and  under  his  control  certain  moneys,  funds  and 
credits  of  the  same  banking-association,  to  a  large  amount  and 
of  great  value,  to  wit,  to  the  amount  and  of  the  value  of  one 
hundred  and  fifteen  thousand  dollars,  then  and  there  being; 
the  particular  kinds,  descriptions,  numbers,  amounts  and  values 
of  which  last-mentioned  moneys,  funds  and  credits  respectively 
the  grand  jurors  aforesaid  have  no  means  of  knowing,  and 

therefore  cannot  here  set  forth:  And  that  the  said , 

so  being  cashier  of  the  banking-association  last  aforesaid,  and 
so  having  in  his  possession  and  under  his  control  the  moneys, 
funds  and  credits  last  aforesaid,  then  and  there,  with  intent  to 

injure  and  defraud  the  same  banking-association,  and  one  J 

S and  one  J C and  divers  other  individual  per- 
sons (too  numerous  to  be  here  named),  then  shareholders 
thereof,  unlawfully  and  feloniously  did  em-  [§  5209,  B.  S.] 
bezzle  the  same  moneys,  funds  and  credits,  and  abstract  those 
moneys,  funds  and  credits  from  the  same  banking-association ; 
against,  etc. ;  [or,  unlawfully  did  wilfully  misapply  the  same 
moneys,  funds  and  credits,  by  willfully  and  [§  5209,  R.  S.] 
wrongfully  converting  and  applying  the  same  to  the  personal 

and  private  uses  and  purposes  of  him  the  said ,  and 

lending  the  same  to  himself,  without  authority l  from  the  di- 
rectors of  the  same  banking-association,  and  without  any 
proper  authority  whatsoever;  against,  etc.]. 

2  A  count  similar  to  this  was  held  to  be  a  sufficient  description  of  the 
crime,  in  Claassen  v.  U.  S.,  142  U.  &  140.    See  L.  &  v.  Means,  42  F.  R  599. 
i  See  No.  622,  note. 


3±2  FORMS    ADAPTED    TO   CRIMINAL   CASES. 


Indictment*  on  Sec.  5209;  R.  S.,  against  the  president  of  a 
national  bank;  for  embezzling,  abstracting  and  misap- 
plying its  funds. 

No.  626  (1). 

was  president  of  the  Central  National  Bank,  of  C , 

a  banking-association  theretofore  organized  and  established 
and  then  and  there  existing  and  in  operation  under  and  by 
virtue  of  the  laws  of  the  said  United  States  concerning  na- 
tional banks;  and  that  the  said  —  -  then  and  there,  so 
being  president  of  the  said  banking-association  as  aforesaid, 
certain  of  the  moneys,  funds  and  credits  of  the  said  banking- 
association,  then  and  there  being,  to  the  amount  and  of  the 

value  of1 ,  unlawfully  did  embezzle,  abstract  and  willfully 

[§  5209,  R.  S.]  misapply,  by  unlawfully  and  willfully  con- 
verting the  same  to  his  the  said 's  own  use:  against, 

etc. 


No.  627  (2). 
was  president  of  the  Central  National  Bank,  of  C- 


a  banking-association  theretofore  organized  and  established 
and  then  and  there  existing  and  in  operation  under  and  by 
virtue  of  the  laws  of  the  said  United  States  concerning  na- 
tional banks ;  and  that  the  said  —  -  then  and  there,  so 
being  such  president  of  the  said  banking-association  as  afore- 
said, certain  other  moneys,  funds  and  credits  of  the  said  bank- 
ing-association, then  and  there  being,  to  the  amount  and  of  the 
value  of  -  — ,  unlawfully  did  embezzle,  abstract  and  willfully 
[§  5209,  R.  S.]  misapply,  by  unlawfully  and  willfully  con- 
verting and  applying  the  same  to  the  personal  and  private 

uses  and  purposes  of  him  the  said ,  and  lending  the 

same  to  himself,  without  authority  from  the  directors  of  the 
said  banking-association,  and  without  any  proper  authority 
whatsoever:  against,  etc. 

1  Exact  sura  stated  need  not  be  proven.     V.  S.  v.  Harper,  33  F.  R  471. 


MISCELLANEOUS   OFFENSES.  343 

No.  628  (3). 

was  president  of  the  Central  National  Bank,  of  C , 

a  banking-association  theretofore  organized  and  established 
and  then  and  there  existing  and  in  operation  under  and  by 
virtue  of  the  laws  of  the  said  United  States  concerning  na- 
tional banks;  and  that  the  said ,  so  being  president 

of  the  said  banking-association,  then  and  there,  with  intent 
to  injure  and  defraud  the  said  banking-association  and  divers 
persons  to  the  said  grand  jurors  unknown,  certain  other 
moneys,  funds  and  credits  of  the  said  banking-association, 

then  and  there  being,  to  the  amount  and  of  the  value  of , 

unlawfully  did  embezzle,  abstract  and  willfully  misapply,  by 
unlawfully  and  willfully  converting  and  ap-  [§  5209,  B.  S.] 
plying  the  same  to  the  personal  and  private  uses  and  purposes 

of  him  the  said ,  and  lending  the  same  to  himself, 

without  authority  from  the  directors  of  the  said  banking- 
association,  and  without  any  proper  authority  whatsoever: 
against,  etc. 

No.  629  (4). 

was  president  of  the  Central  National  Bank,  of  C , 

a  banking-association  then  and  there  duly  organized  and  ex- 
isting under  and  by  virtue  of  the  laws  of  the  said  United 
States,  as  a  national  bank;  and  that  by  virtue  of  his  said 

office,  and  while  he  was  employed  therein,  the  said 

then  and  there  had  in  his  possession  and  under  his  control 
certain  other  moneys,  funds  and  credits  of  the  said  banking- 
association,  then  and  there  being,  to  a  large  amount  and  of  great 

value,  to  wit,  to  the  amount  and  of  the  value  of , —  the 

particular  kinds,  descriptions,  numbers,  amounts  and  values 
of  which  last-mentioned  moneys,  funds  and  credits  respect- 
ively the  grand  jurors  aforesaid  have  no  means  of  knowing, 
and  therefore  cannot  set  forth  in  this  indictment :  And  that 
the  said ,  so  being  president  of  the  said  banking- 
association,  and  so  having  in  his  possession  and  under  his  con- 
trol the  moneys,  funds  and  credits  last  aforesaid,  then  and 
there,  with  intent  to  defraud  the  said  banking-association  and 
divers  persons  to  the  said  grand  jurors  unknown,  unlawfully 
did  embezzle,  abstract  and  willfully  misapply  [§  5209,  E.  8.] 
the  same  moneys,  funds  and  credits,  and  convert  the  same  to 
his  own  use ;  against,  etc. 


FORMS  ADAPTED  TO  CIVIL  CASES. 


ADMIRALTY. 


Libel  of  information,1  on  Sees.  446S-4499,2  R.  S.,  to  recover 
a  penalty,  against  a  steam-vessel  whose  owners  have 
carried  passengers  thereon,  when  not  allowed  to  do  so 
by  the  certificate  of  inspection. 

No.  630. 

To  the  Judge  of  the  District  Court  of  the  United  States  of 

America  for  the  Northern  District  of : 

T E.  H ,  Attorney  of  the  said  United  States  for  the 

district  aforesaid,  who  for  the  said  United  States  in  this 


1  It  seems  to  be  a  rule  that  the  sovereign  does  not  accuse  or  complain  per- 
sonally or  directly  in  legal  proceedings.  Whether  this  arose  from  a  notion 
of  his  dignity,  or,  as  would  appear  more  probable,  from  a  notion  that  it 
would  be  unseemly  for  him  to  accuse  or  complain  directly  in  his  own  court, 
the  rule  seems  to  be  one  of  general  application.  In  indictments,  "  The 
grand  jurors  for  our  lord  the  king  upon  their  oath  present ; "  in  minor 
criminal  causes,  and  in  penal  actions,  the  "  Attorney  General  of  our  lord 
the  king,  who  for  our  said  lord  the  king  in  this  behalf  prosecutes,  comes 
into  the  court  here,  etc.,  and  for  our  saiJ  lord  the  king  gives  the  court  here 
to  understand  and  be  informed ;  "  in  cases  of  municipal  seizure,  which  are 
civil  proceedings,  though  to  enforce  a  forfeiture,  (those  of  seizure  on  land, 
etc.,  being  of  common-law  or  exchequer  jurisdiction,  and  those  of  seizure 
on  the  high  seas,  etc.,  being  of  admiralty  jurisdiction  —  Conkling's  Treatise, 
5th  Ed.,  541,  and  881,  note ;  The  Sarah,  8  Wheat  391,—)  the  proper  law- 
officer,  for  the  sovereign,  in  like  manner  "  informs"  the  court ;  in  a  proceed- 
ing in  the  nature  of  a  quo  warranto,  which  is  neither  criminal  uor  penal* 
but  in  most  cases  merely  a  suit  to  try  a  question  of  legal  right,  the  pleading 
is  similarly  an  information ;  and  in  equity  the  bill  is  in  the  shape  of  an  in- 
formation by  the  Attorney  General,  "who  for  our  lord  the  king  in  this 
behalf  prosecutes."  No  precedent  can  be  found,  in  England,  where  the 


2  "The  penalty  prescribed  by  Section  4499.  Rev.  St.  U.  S.,  for  a  failure  to 
comply  with  any  of  the  provisions  of  title  52  of  the  Revised  Statutes  in 
navigating  a  steam-vessel,  is  incun-ed  by  any  such  failure,  although  some 
other  penalty  may  be  prescribed  by  the  section  or  provision  thus  violated." 
The  Idaho,  29  F.  R  187. 


348  FORMS   ADAPTED   TO   CIVIL   CASES. 

behalf  prosecutes,  for  the  said  United  States  exhibits  this  his 
libel  of  information  against  the  screw-steamer  Mariel,  her 
engine,  boats,  tackle,  apparel  and  furniture,  and  against  all 
persons  lawfully  intervening  for  their  interest  therein:  And 
thereupon  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  for  the  said  United  States  doth  allege, 
and  give  your  honor  to  understand  and  be  informed,  that  on 

the day  of  -  — ,  in  the  year  eighteen  hundred  and  -  — , 

at '  the  city  and  port  of ,  in  the  Northern  District  afore- 
sovereign  appears  directly  as  accuser,  plaintiff,  or  complainant,  in  any 
pleading,  in  any  suit  or  proceeding  whatever;  and  the  law  has  not  been 
changed  in  this  respect  in  the  United  States. 

Suits  of  the  classes  above  mentioned  are  entitled,  docketed  and  treated  as 
''The  King  vs.  John  Doe,"  or  "  The  United  States  vs.  Richard  Roe,"  or  "The 
United  States  vs.  Fifty  Barrels  of  Distilled  Spirits."  The  pleading  is  eimply 
by  the  law-officer,  for  the  sovereign. 

Where  a  statute  gives  an  action  of  debt  qui  tarn,  and  the  informer  sues, 
the  statement  of  the  cause  of  action  is  a  declaration ;  but  if  there  is  no  in- 
former, and  the  proper  law-officer  chooses  to  sue,  for  the  government,  the 
pleading  is  called  an  information,  and  the  proceeding  is  sometimes  called 
an  "  information  of  debt"  The  suit  remains  an  action  of  debt,  but  the  form 
of  the  pleading  is  changed 

Attention  is  called  to  the  two  precedents  in  2  Chit  PL,  on  pages  712  and 
713,  respectively.  That  on  page  712  is  in  a  suit  by  a  private  person,  against 
the  owner  of  a  ship,  for  damage  caused  to  the  plaintiffs  vessel  by  the  neg- 
ligence of  the  defendant's  servants  in  navigating  his  ship.  In  this  case  the 
pleading  is  of  course  a  declaration.  The  other  precedent,  on  page  713,  is  in 
a  precisely  similar  case,  except  that  the  sovereign  sues;  and  the  complaint 
is  made  by  the  law-officer  of  the  crown,  "who  for  our  lord  the  king  in  this 
behalf  prosecutes,"  and  such  complaint  is  called  an  information.  Both 
suits  are  actions  on  the  case ;  the  only  difference  is  that  in  one  instance  the 
statement  of  the  cause  of  action  is  called  a  declaration,  and  in  the  other  an 
information. 

The  precedent  on  page  713  gives  names  of  Attorney  General,  vessels, 
owners,  place,  etc.,  and  is  undoubtedly  taken  from  an  actual  suit  This,  as 
well  as  the  fact  that  the  precedent  appears  in  Chitty,  shows  that  in  Eng- 
land the  pleading  in  such  a  case  was  an  information ;  and  no  statute  or  de- 
cision has  established  a  different  rule  in  this  country. 

While  a  declaration  might  be  a  not  improper  form  of  pleading  in  a  case 
where  the  sovereign  sues,  an  information  is  in  such  a  case  clearly  proper. 

3  "All  informations  and  libels  of  information  upon  seizures  for  any  breach 
of  the  revenue,  or  navigation,  or  other  laws  of  the  United  States,  shall  state 
the  place  of  seizure,  whether  it  be  on  land  or  on  the  high  seas,  or  on  navi- 
gable waters  within  the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  and  the  district  within  which  the  property  is  brought  and  where  it 
then  is.  The  information  or  libel  of  information  shall  also  propound  in  dis- 


ADMIRALTY.  349 

said  and  the  collection-district  of ,  on  waters  within  ad- 
miralty and  maritime  jurisdiction,  J M.  C ,  then  and 

still  Collector  of  Customs  for  the  port  and  collection-district 
aforesaid,  did  seize  the  said  screw-steamer  Mariel,  her  engine, 
boats,  tackle,  apparel  and  furniture,  and  now  holds  the  same 
in  his  custody,  within  the  judicial  and  collection  districts 
aforesaid,  as  liable  to  condemnation  and  sale  for  the  causes 
following,  to  wit: 

1.  For  that  the  said  screw-steamer  Mariel,  on  the  day 

of  -  — ,  in  the  same  year  eighteen  hundred  and  ,  (the 

same  not  then  being  a  public  vessel  of  the  said  United  States, 
or  a  vessel  of  another  country,  or  a  vessel  propelled  in  whole 
or  in  part  by  steam  for  navigating  canals,  or  a  ferry-boat,) 
was  a  vessel  propelled  by  steam,  and  navigating  waters  then 
being  common  highways  of  commerce  among  the  several 
states  of  this  Union,  and  open  to  general  and  competitive 
navigation,  that  is  to  say,  the  waters  of  Lake  Michigan  and 
the  Chicago  river  and  harbor;  and  the  said  steam-vessel  was 
then  provided  with  a  certificate  of  inspection,  then  in  force, 
and  granted  by  the  proper  local  inspectors  of  steam-vessels, 
pursuant  to  the  statute  in  such  case  made  and  provided,  in 
and  by  which  said  certificate  the  said  vessel  was  not  allowed 
to  carry  any  passengers  whatsoever:  And  the  owners  of  the 
said  steam-vessel  then  unlawfully  did  take  on  board  thereof, 
and  carry  on  the  same,  a  large  number  of  passengers,  to  wit, 
fifteen  passengers ;  contrary 4  to  the  form  of  the  statute  in  such 
case  made  and  provided :  Whereby,  and  by  force  of  the  said 
statute,  the  owners  of  the  said  steam- vessel  became  liable  to 
the  said  United  States  in  a  penalty  of  five  hundred  dollars; 
and  the  said  steam-vessel  and  her  appurtenances  became  and 
are  liable  to  condemnation  and  sale  for  the  payment  of  such 
penalty. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 

tinct  articles  the  matters  relied  on  as  grounds  or  causes  of  forfeiture,  and 
aver  the  same  to  be  contrary  to  the  form  of  the  statute  or  statutes  of  the 
United  States  in  such  case  provided,  as  the  case  may  require,  and  shall  con- 
clude with  a  prayer  of  due  process  to  enforce  the  forfeiture,  and  to  give 
notice  to  all  persons  concerned  in  interest  to  appear  and  show  cause  at  the 
return-day  of  the  process  why  the  forfeiture  should  not  be  decreed." 

—  22d  Admiralty  Rule. 
*  See  The  Idaho,  29  F.  R  187 ;  No.  635,  post,  note  1. 


350  FORMS    ADAPTED   TO   CIVIL   CASES. 

ecutes  as  aforesaid,  for  the  said  United  States  says  that  all 
and  singular  the  premises  are  true :  "Wherefore  he  for  the  said 
United  States  prays  that  due  process  of  law  may  issue  against 
the  said  screw-steamer  Mariel,  her  engine,  boats,  tackle,  apparel 
and  furniture,  and  requiring  notice  to  be  given  to  all  persons 
concerned  in  interest  to  appear  on  the  return-day  of  such  pro- 
cess, and  show  cause,  if  any  they  have,  why  such  condemna- 
tion and  sale  should  not  be  decreed. 


United-States  Attorney. 


Attachment  and  monition  to  be  issued  upon  the  filing  of  a 

libel. 

No.  631. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To  the  Marshal  of  the  Northern  District  of ,  —  Greeting: 

Whereas  a  libel  of  information  has  been  filed  in  the  District 
court  of  the  said  United  States  for  the  said  Northern  District 

of ,  on  the day  of  ,  in  the  year  of  our  Lord 

eighteen  hundred  and ,  by ,  United-States  At- 
torney for  the  said  district,  on  behalf  of  the  said  United 
States,  against  the ,  \h-er~]  boats,  tackle,  apparel  and  fur- 
niture, for  reasons  and  causes  in  the  said  libel  mentioned,  and 
praying  the  usual  process  and  monition  of  the  said  court  in 
that  behalf  to  be  made,  and  that  all  persons  having  or  pre- 
tending to  have  any  right,  title  or  interest  therein  may  be 
cited  to  appear  and  answer  all  and  singular  the  matters  in  the 
said  libel  articulately  propounded,  and  that  this  court  would 
be  pleased  to  pronounce  for  the  sum  of dollars,  the  pen- 
alty mentioned  in  the  said  libel: 

You  are  therefore  commanded,  to  attach  the  said ,  [her] 

boats,  tackle,  apparel  and  furniture,  and  to  detain  the  same  in 
your  custody  until  the  further  order  of  this  court  respecting 

the  same;  and  to  give  notice,  by  publication1 for  fourteen 

days  previous  to  the  day  of  trial,  and  by  notice  posted  in  the 
most  public  manner,  for  the  space  of  fourteen  days,  at  or  near 

»See  the  9th  Admiralty  Rule. 


ADMIRALTY.  351 

the  place  of  trial  of  such  seizure  or  libel,  to  all  persons  claim- 
ing the  said ,  [her]  boats,  tackle,  apparel  and  furniture,  or 

knowing  or  having  anything  to  say  why  this  court  should  not 
pronounce  against  the  same,  according  to  the  prayer  of  the 

said  libel, ,  and  that  they  be  and  appear  before  the  said 

court,  to  be  holden  in  and  for  the  said  Northern  District  of 

— ,  at  the  United-States  Court-House,  in  the  city  of , 

in  the  same  district,  on  the  first  Monday  in next,  if  that 

be  a  day  of  jurisdiction,  and  if  not,  then  on  the  first  day  of 
jurisdiction  thereafter,  at  10  o'clock  in  the  forenoon  of  that 
day,  and  then  and  there  to  interpose  a  claim  to  the  same,  and 
to  make  their  allegations  in  that  behalf. 

And  of  what  you  shall  have  done  in -the  premises  do  you 
then  and  there  make  return,  together  with  this  writ. 

Witness  the  Honorable ,  Judge  of  the 

said  court,  and  the  seal  thereof,  this day 

(L.  S.)             of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and ,  and  of  the  independence  of  the 

said  United  States  the year. 

,  Clerk. 


Claimant's  stipulation  for  costs.1 

No.  632. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

— -  Term,  A.  D.  189-. 

Whereas  a  libel  of  information  was  filed  in  this  court  on 
the day  of ,  A.  D.  189-,  by ,  District  At- 
torney, on  behalf  of  the  United  States  of  America,  against  the 

boats,  tackle,  apparel  and  furniture,  for  the  reasons 

and  causes  in  the  said  libel  mentioned;  and  whereas  a  claim 

has  been  filed  in  the  said  cause  by ,  and  the  said 

claimant,  and ,  of ,  in  the  said  district,  his  suret — , 

the  parties  hereto,  hereby  consenting  and  agreeing  that  in 
case  of  default  or  contumacy  on  the  part  of  the  said  claimant-, 
or  his  suret — ,  execution  may  issue  against  their  goods, 


JSee  26th  Admiralty  Rule. 


352  FOKMS    ADAPTED   TO   CIVIL    CASES. 

chattels  and  lands,  for  the  sum  of  two  hundred  and  fifty 
dollars : 

Now,  therefore,  it  is  hereby  stipulated  and  agreed,  for  the 
benefit  of  whom  it  may  concern,  that  the  stipulators  under- 
signed shall  be,  and  are,  bound  in  the  sum  of  two  hundred 
and  fifty  dollars,  conditioned  that  the  claimant  above  named 
shall  pay  all  such  costs  as  shall  be  awarded  against  him  by 
this  court,  or,  in  case  of  appeal,  by  the  appellate  court. 
Taken  and  acknowledged  this  ] 
day  of  ,  A.  D. 


189-,  before  me. 


U.  S.  Commissioner.      J 
Northern  District  of ,  set. — , 


parties  to  the  above  stipulation,  being  duly  sworn,  each  for 
himself  deposes  and  says,  that  he  resides  in  the  Northern 
District  of ,  and  is  worth  the  sum  of  five  hundred  dol- 
lars, over  and  above  all  his  debts  and  liabilities. 
Sworn    and    subscribed    this 
day  of  ,  A.  D. 


1S9-,  before  me. 


U.  S.  Commissioner. 


Libel,  on  behalf  of  the  United  States,  against  a  vessel,  for 
damages  caused  by  collision  of  the  vessel  with  a  break- 
water-crib.1 

No.  633. 

To  the  Judge  of  the  District  Court  of  the  United  States  of 


- 


America  for  the  District  of 


"W —  -  G.  E ,  Attorney  of  the  said  United  States  for 

the  district  aforesaid,  who  for  the  United  States  in  this  behalf 
prosecutes,  for  the  said  United  States  exhibits  this  his  libel 
and  complaint  against  the  schooner  Two  Fannies,  her  boats, 

1  See  No.  704,  post.  This  form  may,  by  suitable  alterations,  be  adapted  to 
a  case  where  the  question  of  jurisdiction,  involved  in  the  collision  of  a  vessel 
with  an  object  fixed  to  the  land,  cannot  be  raised 


ADMIRALTY.  353 

tackle,  apparel  and  furniture,  and  against  all  persons  lawfully 
intervening  for  their  interest  therein,  in  a  cause  of  collision, 
civil  and  maritime:  And  thereupon  the  said  Attorney  of  the 
said  United  States,  who  prosecutes  as  aforesaid,  for  the  said 
United  States  doth  allege,  articulately  propound,  and  give  your 
honor  to  understand  and  be  informed,  as  follows,  to  wit: 

1.  That  the  said  United  States,  at  the  time  of  the  occurring 
of  the  collision  and  damage  hereinafter  mentioned,  were  law- 
fully possessed,  as  of  their  own  property,  of  a  certain  crib  for 

constructing  the  outer  breakwater  of  the  harbor  at ,  and 

then  about  to  be  sunk  and  fixed  in  its  proper  place  for  that 
purpose. 

2.  That  the  said  schooner  Two  Fannies  is  a  vessel  of  more 
than  twenty  tons'  burden,  and,  at  the  time  when  the  said  col- 
lision and  damage  occurred,  was  enrolled  and  licensed  for  the 
coasting- trade,  and  employed  in  commerce  and  navigation 
between  ports  and  places  in  different  states  of  this  Union,  on 
the  great  lakes  and  the  waters  connecting  the  same. 

3.  That  on  the •  day  of ,  in  the  year  eighteen  hun- 
dred and  -   — ,  the  said  schooner  was  navigating  and  sailing 

on  the  waters  of  Lake and  the  harbor  aforesaid,  near  to 

the  said  crib  and  breakwater,  and  was  then  and  there  under 
the  care,  direction  and  management  of  certain  persons  to  the 
said  Attorney  as  yet  unknown ;  and  the  said  persons  so  hav- 
ing the  care,  direction  and  management  of  the  said  schooner 
then  and  there  so  negligently  and  unskillfully  managed,  con- 
ducted and  directed  the  said  schooner,  and  took  such  bad  care 
in  the  navigating  and  steering  thereof,  that  the  said  schooner 
then  and  there,  by  and  through  the  mere  default,  negligence 
and  unskillfulness  of  those  persons,  did  with  great  force  and 
violence  run  foul  of,  upon  and  against  the  said  crib,  and  struck 
against  the  same. 

4.  That  by  means  and  in  consequence  of  the  said  collision 
the  said  crib  was  then  and  there  greatly  broken,  crushed  and 
damaged ;  and  the  said  United  States  were  compelled  and  did 
lay  out  and  expend  divers  large  sums  of  money  in  and  about 
the  repairing  and  restoring  of  the  said  crib,  and  were  greatly 
hindered  and  delayed  in  sinking  and  fixing  the  same,  and  in 
constructing  the   breakwater   aforesaid:    Whereby  the  said 

23 


354  FORMS    ADAPTED   TO   CIVIL   CASES 

United  States  have  been  injured  and  have  sustained  damage 
to  a  large  amount,  to  wit,  the  amount  of  two  hundred  dollars. 

5.  That  the  said  schooner  is  now  lying  in  the  port  of  -  — , 
within  the  jurisdiction  of  this  court. 

And  the  said  Attorney  of  the  said  United  States,  who  prose- 
cutes as  aforesaid,  for  the  said  United  States  says,  that  all 
and  singular  the  premises  are  true,  and  that  the  said  collision 
and  damage  occurred  within  the  admiralty  and  maritime  ju- 
risdiction of  the  said  United  States  and  of  this  court :  Where- 
fore he  for  the  said  United  States  prays  that  a  writ  of  attach- 
ment and  monition  in  due  form  of  law,  according  to  the  course 
of  this  court  in  such  cases,  may  issue  against  the  said  schooner 
Two  Fannies,  her  boats,  tackle,  apparel  and  furniture;  and 
that  all  persons  having  any  interest  in  the  same  may  be  cited 
to  appear,  and  answer  all  and  singular  the  matters  aforesaid ; 
and  that  this  court  may  decree  the  payment  of  the  dam- 
ages aforesaid,  to  wit,  the  sum  of  two  hundred  dollars,  with  in- 
terest and  costs;  and  that  the  said  schooner  may  be  condemned 
and  sold  to  pay  the  same;  and  that  the  said  United  States 
may  have  such  other  and  further  relief  as  in  law  and  justice 
they  may  be  entitled  to  receive. 

W G.  E , 

United-States  Attornev. 


Declaration  in  debt,  on  Sec.  4465,  B.  8.,  against  the  master 
of  a  steam-vessel,  for  taking  on  board  a  greater  num- 
ber of  passengers  than  was  stated  in  the  certificate  of 
inspection. 

No.  634. 

1 For  that  whereas  heretofore,  to  wit,  on  the day 

of ,  in  the  year  eighteen  hundred  and ,  a  certain  ves- 
sel propelled  by  steam,2  called  the  ,  was  a  passenger- 
steamer  navigating  waters  then  being  common  highways  of 
commerce  among  the  several  states  of  this  Union,  and  open 
to  general  and  competitive  navigation,  that  is  to  say,  the 
waters  of  -  -  and  the River  and harbor,  to  wit,  in 

1  Mutatis  mutandis,  begin  as  in  No.  682,  post. 

2  See  Sec.  4399,  R& 


ADMIRALTY.  355 

the  District  of  -  -  ;  and  the  said  steam-vessel,  the  same  not 
then  and  there  being  a  public  vessel3  of  the  United  States  of 
America,  or  a  vessel  of  another  country,  or  a  vessel  propelled 
in  whole  or  in  part  by  steam  for  navigating  canals,  was  then 
and  there  provided  with  a  certificate  of  inspection,  then  in 
force,  granted  by  the  local  inspectors  of  steam-vessels  for 

the  collection-district  of  (being  the  collection-district  in 

which  the  said  steam-vessel  was  at  the  time  of  such  inspection,) 
pursuant  to  the  statute4  in  such  case  made  and  provided  ;  in 
which  said  certificate  the  whole  number  of  passengers  of  all 
classes  which  the  said  steam-vessel  might  carry  was  stated  to 
be  one  hundred:  And  the  said  defendant,  then  and  there  being 
master  of  the  said  steam-vessel,  then  and  there  unlawfully  did 
take  on  board  of  the  said  steam-vessel  a  greater  number  of 

passengers,  to  wit, more  passengers,  than  the  number  so 

stated  in  the  said  certificate  of  inspection  as  aforesaid;  con- 
trary 5  to  the  form  of  the  statute  in  such  case  made  and  pro- 
vided :  By  means  whereof,  and  by  force  of  the  same  statute, 
the  said  defendant  forfeited  and  became  liable  to  pay  to  the 
said  plaintiffs,  and  an  action  has  accrued  to  them  to  demand 
and  have  of  the  said  defendant,  the  sum  of  ten  dollars  for 
each  passenger  so  by  him  taken  on  board  of  the  said  sleam- 
vessel  beyond  the  said  number  so  allowed  by  the  said  certifi- 
cate as  aforesaid,  together  amounting  to  the  sum  of  

dollars  above  demanded.  Yet  the  said  defendant,  though  re- 
quested, has  not  paid  to  the  said  plaintiffs  that  sum  of  money, 
or  any  part  thereof,  but  refuses  so  to  do;  to  the  damage  of 
the  said  plaintiffs  of  ten  dollars,  and  therefore  they  bring  their 

suit,  etc.  — • , 

United-States  Attorney. 

» See  Sec.  4400,  R  S. 

«  See  Sees.  4421  and  4423,  R  & 

*  See  The  Idaho,  29  F.  R,  at  p.  189. 


356  FORMS    ADAPTED   TO   CIVIL   OASES. 

Information,  on  Sees.  4233  and  4234,  R.  S.,  against  a  ves- 
sel, to  recover  penalties  for  violations  of  navigation 
laws,  in  not  carrying  the  proper  light. 

No.  635. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the Term,  in  the  year  eight- 
een hundred  and . 

Northern  District  of 


-a 

1   set.  —  Be   it 


Northern  Division,         \   set.  —  Be   it    remembered   that 

W Q-.  E ,  Attorney  of  the  United  States  of  America 

for  the  Northern  District  of  ,  who  for  the  said  United 

States  in  this  behalf  prosecutes,  comes  in  person  into  the  Dis- 
trict Court  of  the  said  United  States  for  the  district  aforesaid, 

on  this day  of ,  in  this  same  term,  and  for  the  said 

United  States  gives  the  court  here  to  understand  and  be  in- 
formed, that  on  the day  of ,  in  the  year  eighteen  hun- 
dred and ,  on  water,  at '  the  port  and  city  of  -  — ,  in  the 

Northern  District  aforesaid  and  the  Collection-District  of , 

A F.  S ,  then  Collector  of  Customs  of  the  said  United 

States  for  the  collection-district  aforesaid,  did  seize  a  certain 

vessel,  to  wit,  the ,  her  tackle,  apparel  and  furniture,  and 

now  holds  the  same  in  his  custody,  within  the  judicial  and 
collection  districts  aforesaid,  as  liable  to  condemnation  and 
sale  for  the  causes  following,  to  wit: 

1.  For  that  heretofore,  to  wit,  on  the day  of  -  — ,  in 

the  year  eighteen  hundred  and  — — ,  there  was  made  and  pre- 
scribed by  the  Board  of  Supervising  Inspectors  of  Steam-Ves- 
sels a  regulation  to  the  effect  that  the  light  to  be  carried  by  a 
trading-boat  or  like  water-craft,  pursuant  to  Rule  12  of  Sec- 
tion 4233  of  the  Revised  Statutes,  should  be  one  bright  white 
light,  placed  forward,  not  less  than  six  feet  above  the  rail  or 
deck  of  such  vessel ;  which  regulation  was  afterwards,  to  wit,  on 

the day  of ,  in  the  same  year,  approved  and  published 

by  the  Secretary  of  the  Treasury,  and  has  ever  since  been,  and 
now  is,  in  full  force :  And  the  said ,  lately  before  the 

1  Seizure  and  place  of  seizure  must  be  averred.     U.  &  v.  One  Raft,  13  F.  R 
796. 


ADMIRALTY.  357 

t  irne  of  the  said  seizure,  to  wit,  on  the day  of ,  in  the 

year  eighteen  hundred  and .and  after  sunset  on  that  day, 

being  then  a  trading -boat  and  water-craft  of  that  kind,  was  an- 
chored and  moored  in  and  near  the  channel 2  and  fairway  of 

the  harbor  of aforesaid,  (a  harbor  and  navigable  water  of 

the  said  United  States,)  without  carrying  one  good  and  bright 
white  light,  placed  forward,  not  less  than  six  feet  above  the 
rail  or  deck  of  the  said  vessel;  contrary  to  Ihe  form  of  the 
statute  in  such  case  made  and  provided :  Whereby,  and  by 
force  of  the  said  statute,  the  said  vessel  became  liable  to  the 
said  United  States  in  a  penalty  of  two  hundred  dollars. 

2.  And  for  that  the  said ,  at  another  time,  to  wit, 

on  the day  of ,  in  the  same  year  eighteen  hundred 

and ,  and  after  sunset  on  that  day,  being  then  a  trading- 
boat  and  water-craft  of  that  kind,  did  lie  anchored  and  moored 

in  and  near  the  channel  and  fairway  of  the  said  harbor  of , 

without  carrying  one  good  and  bright  white  light,  placed  for- 
ward, not  less  than  six  feet  above  the  rail  or  deck  of  the  said 
vessel;  contrary  to  the  form  of  the  statute  in  such  case  made 
and  provided :  Whereby,  and  by  force  of  the  said  statute,  the 
said  vessel  became  liable  to  the  said  United  States  in  another 
penalty  of  two  hundred  dollars. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  the  said  property  became  and  is  liable  to  condemna- 
tion and  sale  for  the  payment  of  the  penalties  aforesaid : 
Wherefore  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  for  the  said  United  States  pray's  that 
due  process  of  law  may  be  awarded  in  this  behalf  against  the 
said  property  so  seized  as  aforesaid,  and  to  give  notice  to  all 
persons  concerned  to  appear  on  the  return-day  of  such  process, 
and  show  cause,  if  any  they  have,  why  such  condemnation  and 

sale  should  not  be  adjudged.  W G.  E , 

United-States  Attorney. 

2  See  The  Erastus  Corning,  25  F.  R  573. 


358  FORMS    ADAPTED   TO   CIVIL   CASES. 


Information,  on  Sees.  4325 — 3088,  R.  S.,  against  a  steam- 
tug,  to  enforce  payment  of  a  penalty  incurred  by  her 
master,  in  not  surrendering  her  license  at  its  expira- 
tion. 

No.  636. 

1 at  the  port  of  -  — ,  in  the  Northern  District  aforesaid 

and  the  Collection-District  of  -  — ,  J—   -  H ,  then  Deputy 

Collector  of  Customs  of  the  said  United  States  for  the  collec- 
tion-district aforesaid,  did  seize  certain  property,  that  is  to 
say,  the  steam-tug  Diamond,  her  tackle,  apparel  and  furniture, 
and  now  holds  the  same  in  his  custody,  within  the  judicial 
and  collection  districts  aforesaid,  as  subject  to  seizure  on  be- 
half of  the  said  United  States  for  the  causes  following,  to  wit: 

For  that  heretofore,  to  wit,  on  the day  of  -  — ,  in  the 

year  eighteen  hundred  and ,  at  the  port  of  -  -  afore- 
said, the  then  Collector  of  Customs  of  the  said  United  States 
for  the  collection-district  aforesaid,  pursuant  to  the  provisions 
of  Title  L.  of  the  Revised  Statutes  of  the  said  United  States, 
duly  granted  and  delivered  to  the  said  steam-tug  Diamond, 

whereof  one  J—    -  M was  then  master,  a  license  for 

carrying  on  the  coasting  trade  for  one  year:  And  although 
at  the  expiration  of  the  time  for  which  the  said  license  was 

granted  as  aforesaid,  to  wit,  on  the  day  of  ,  in  the 

year  eighteen  hundred  and  • ,  and  for  three  days  thereafter, 

the  said  steam-tug  was  within  the  said  collection-district  of 

— ,  yet  the  said  J M ,  then  still  being  such  master 

of  the  said  steam-tug,  did  not  nor  would  deliver  up  the  said 
license  to  the  then  Collector  of  Customs  of  the  said  United 
States  for  that  collection-district,  within  three  days  after  the 
expiration  of  the  said  license,  but  then  and  there  unlawfully 
neglected  so  to  do;  contrary  to  the  form  of  the  statute  in 
such  case  made  and  provided :  Whereby,  and  by  force  of  the 
statutes  in  such  case  made  and  provided,  the  said  J— 

M ,  so  being  such  master  as  aforesaid,  upon  the  expiration 

of  the  said  term  of  three  days,  to  wit,  on  the  day  of 

— •,  in  the  same  year  189-,  there  became  liable  to  pay  to  the 
said  United  States  a  penalty  of  fifty  dollars,  and  the  said 

1  Begin  as  in  Na  637,  post. 


ADMIRALTY.  359 

steam-tug  there  became   liable   to  be  seized  and  proceeded 
against  *to  recover  the  said  penalty. 

Wherefore  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  for  the  said  United  States  prays  that 
due  process  of  law  may  be  awarded  in  this  behalf  to  enforce 
such  penalty  against  the  said  property  so  seized  as  aforesaid, 
and  to  give  notice  to  all  persons  concerned  to  appear  on  the 
return-day  of  such  process,  and  in  general  and  special  to  an- 
swer the  premises,  etc.  — , 

United-States  Attorney. 

Information,  on  Sec.  4499,  R.  S.,  against  a  tug-boat,  to  en- 
force payment  of  penalties  for  violations  of  Sees.  4427 
and  4438,  R.  S.,  in  navigating  without  having  hull  and 
boiler  inspected,  and  with  unlicensed  master,  engineer 
and  pilot. 

No.  637. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the Term,  in  the  year  eighteen 

hundred  and  ninety . 

Northern  District  of  ,  set. —  Be  it  remembered  that 

-,  Attorney  of  the  United  States  of  America  for  the 


Northern  District  of ,  who  for  the  said  United  States  in 

this  behalf  prosecutes,  comes  in  person  into  the  District  Court 
of  the  said  United  States  for  the  district  aforesaid,  on  this 

day  of ,  in  this  same  term,  and  for  the  said  United 

States  gives  the  court  here  to  understand  and  be  informed, 

that  on  the day  of ,  in  the  year  eighteen  hundred 

and  ninety ,  at  the  city  of ,  in  the  Northern  District 

aforesaid  and  the  Collection-District  of  -  — ,  G—  —  St.  G •, 

then  Surveyor  of  Customs  of  the  said  United  States  for  the 
port  of ,  in  the  collection-district  aforesaid,  did  seize  cer- 
tain property,  that  is  to  say,  the  tug-boat  Emerald  Isle,  her 
engine,  tackle,  apparel  and  furniture,  and  now  holds  the  same 
in  his  custody,  within  the  judicial  and  collection  districts  afore- 
said, as  liable  to  condemnation  and  sale  for  the  causes  follow- 
ing, to  wit: 

For  that  the  said  tugboat  Emerald  Isle,  before  and  at  the 


360  FORMS   ADAPTED   TO   CIVIL   CASES. 

time  of  the  said  seizure,  being  a  steam-vessel  navigating  a 
water  of  the  said  United  States,  and  common  highway  of 

commerce,  to  wit,  the River,  and  engaged  in  commerce 

between  the  states  of  this  Union,  was  there  navigated  with- 
out complying  with  the  terms  of  Title  LII.  of  the  Revised 
Statutes  of  the  said  United  States,  in  this:  that  the  hull  and 
boiler  of  the  said  vessel  had  not  been  inspected  by  an  inspector 
of  hulls  and  an  inspector  of  boilers  respectively,  within  one 
year1  before  the  time  when  the  said  vessel  was  so  navigating 
the River  as  aforesaid ;  contrary  to  the  form  of  the  stat- 
ute in  such  case  made  and  provided:  Whereby,  and  by  force 
of  the  said  statute,  the  owner  of  the  said  vessel  became  liable 
to  the  said  United  States  in  a  penalty  of  five  hundred  dollars. 

And  for  that  before  and  at  the  time  of  the  said  seizure  the 
said  tug-boat  Emerald  Isle  was  a  steam-vessel  navigating  a 
water  of  the  said  United  States,  to  wit,  the  -  —  River,  the 
same  then  being  a  common  highway  of  commerce,  and  was 
there  navigated  without  complying  with  the  terms  of  Title 
LII.  of  the  Revised  Statutes  of  the  said  United  States,  in 
this  r  that  certain  persons,  to  the  said  Attorney  unknown, 
were  then  employed  as  master,  engineer  and  pilot  respect- 
ively on  the  said  vessel,  who  were  not  then  licensed  as  such 
respectively  by  the  proper  inspectors;  contrary  to  the  form 
of  the  statute  in  such  case  made  and  provided :  Whereby,  and 
by  force  of  the  said  statute,  the  owner  of  the  said  vessel  be- 
came liable  to  the  said  United  States  in  a  penalty  of  one  hun- 
dred dollars. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  the  said  property  became  and  is  liable  to  condem- 
nation and  sale  for  the  payment  of  the  penalties  aforesaid : 
Wherefore  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  for  the  said  United  States  prays  that 
due  process  of  law  may  be  awarded  in  this  behalf  against  the 
said  property  so  seized  as  aforesaid,  and  to  give  notice  to  all 
persons  concerned  to  appear  on  the  return-day  of  such  pro- 
cess, and  show  cause,  if  any  they  have,  why  such  condemna- 
tion and  sale  should  not  be  adjudged. 

> 
United-States  Attorney. 

i  See  Sees.  4417  and  4418,  R  a 


ADMIRALTY.  361 


Information,  on  Sees.  4438-4499,  4466-4499  and  4488- 
4499,  R.  S.,  to  enforce  penalties  against  a  Tessel  seized 
by  a  Collector  of  Customs,  for  being  navigated  with  an 
unlicensed  engineer,  and  without  the  proper  number 
of  life-preservers,  and  for  engaging  in  an  excursion 
without  a  special  permit. 

No.  638. 

—  gives  the  court  here  to  understand  and  be  informed, 

that  on  the  day  of  ,  in  the  year  eighteen  hundred 

and •,  at  the  port  of   Chicago,  in  the  Northern  District 

aforesaid  and  the  Collection-District  of  Chicago,  J S , 

then  Collector  of  Customs  [or,  a  Deputy  Collector  of  Cus- 
toms] of  the  said  United  States  for  the  collection-district 
aforesaid,  did  seize  certain  property,  that  is  to  say,  the  yacht- 
steamer  Pearl,  her  engine,  tackle,  apparel  and  furniture,  and 
now  holds  the  same  in  his  custody,  within  the  judicial  and 
collection  districts  aforesaid,  as  liable  to  condemnation  and  sale 
for  the  causes  following,  to  wit: 

1.  For  that  before  and  at  the  time  of  the  said  seizure  the 
said  yacht-steamer  Pearl  was  a  steam-vessel  navigating  waters 
of  the  said  United  States,  to  wit,  the  Chicago  river  and  harbor 
and  Lake  Michigan,  (the  same  then  being  common  highways 
of  commerce,  and  open  to  general  and  competitive  naviga- 
tion,) and  was  navigated  on  the  said  waters  without  comply- 
ing with  the  terms  of  Title  LIL  of  the  Re  vised  Statutes  of  the 
said  United  States,  in  this,  that  there  was  then  employed  as 

engineer  on  the  said  vessel  a  certain  person,  to  wit,  one  H 

D ,  [or, —  person,  whose  name  is  to  the  said  Attorney 

unknown,]  who  was  not  then  licensed  as  such  engineer  by 
the  proper  board  of  local  inspectors ;  [or, —  proper  inspectors  ;J 
contrar}r  to  the  form  of  the  statute  in  such  case  made  and 
provided:  Whereby,  and  by  force  of  the  said  statute,  the 
owner  of  the  said  vessel  became  liable  to  the  said  United 
States  in  a  penalty  of  five  hundred  dollars, 

2.  And  for  that  the  said  steamer  heretofore,  to  wit,  on  the 
—  day  of ,  in  the  same  year  eighteen  hundred  and , 

1  Begin  as  in  No.  035,  ante. 


362  FORMS    ADAPTED   TO   CIVIL    CASES. 

being  a  passenger-steamer,  and  navigating  the  waters  afore- 
said, and  owned  and  employed  within  the  collection-district 
aforesaid,  was  navigated  on  the  said  waters  without  comply- 
ing with  the  terms  of  the  said  Title  LIT.,  in  this,  that  the  said 
steamer  did  then  engage  in  an  excursion,  without  having  a 
special  permit,  for  the  occasion,  from  the  local  inspectors  for 
the  said  collection-district,  as  required  by  law;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided :  Whereby, 
and  by  force  of  the  said  statute,  the  owr.er  of  the  said  steamer 
became  liable  to  the  said  United  States  in  a  penalty  of  five 
hundred  dollars. 

3.  And  for  that  the  said  steamer  heretofore,  to  wit,  on  the 
day  last  aforesaid,  being  a  steamer  navigating  a  lake  of  the 
said  United  States,  to  wit,  Lake  Michigan,  (the  same  then 
being  a  common  highway  of  commerce,  and  ope*i  to  general 
navigation,)  was  navigated  on  the  said  lake  without  comply- 
ing with  the  terms  of  the  said  Title  LIT.,  in  this,  that  the  said 
steamer  was  not  then  provided  with  such  numbers  of  floats  or 
of  life-preservers  as  would  best  secure  the  safety  of  all  persons 
on  board  the  said  steamer  in  case  of  disaster;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided :  Whereby, 
and  by  force  of  the  said  statute,  the  owner  of  the  said  steamer 
became  liable  to  the  said  United  States  in  a  penalty  of  five 
hundred  dollars. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  the  said  property  became  and  is  liable  to  condemna- 
tion and  sale  for  the  payment  of  the  penalties  aforesaid : 
Wherefore  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  for  the  said  United  States  prays  that 
due  process  of  law  may  be  awarded  in  this  behalf  against  the 
said  propert}'  so  seized  as  aforesaid,  and  to  give  notice  to  all 
persons  concerned  to  appear  on  the  return-day  of  such  process, 
and  show  cause,  if  any  they  have,  why  such  condemnation 
and  sale  should  not  be  adjudged.  — , 

United-States  Attorney. 


ADMIEALTT.  363 


Information,  on  Sec.  4499,  B.  S.,  against  a  steamer  seized 
by  a  Collector  of  Customs,  and  to  enforce  payment  of 
penalties  for  violation  of  Sees.  4465  and  4468,  R.  S.,  in 
the  master's  carrying  more  passengers  than  allowed 
by  the  certificate,  and  failing  to  keep  a  list  of  passen- 
gers. 

No.  639. 

1 1.  For  that  the  said  steamer  M ,  being  a  vessel  pro- 
pelled by  steam,  and  having  a  certificate  of  inspection  allow- 
ing the  carrying  thereon  of  the  total  number  &i  forty-five 

passengers,  while  on  a  certain  voyage  from  the  port  of , 

in  the  state  of ,  to  the  port  of aforesaid,  by  the  great 

lakes  and  the  waters  connecting  the  same,  to  wit,  on  the  

day  of ,  in  the  same  year  189-,  was  navigated  without 

complying  with  the  terms  of  Title  LIT.  of  the  Revised  Stat- 
utes of  the  said  United  States,  in  this:  That  the  master  of  the 
said  steamer  then  took  and  had  on  board  of  the  same  a 
greater  number  of  passengers  than  was  stated  in  the  said  cer- 
tificate of  inspection,  that  is  to  say,  seventy  passengers ;  con- 
trary to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided :  Whereby,  and  by  force  of  the 
said  statute,  the  owner  of  the  said  steamer  became  liable  to 
the  said  United  States  in  a  penalty  of  five  hundred  dollars. 

2.  And  for  that  the  said  steamer  M ,  being  a  vessel  pro- 
pelled by  steam,  while  on  the  voyage  aforesaid,  to  wit,  on  the 
day  last  aforesaid,  was  navigated  without  complying  with  the 
terms  of  the  said  Title  LII.  of  the  Revised  Statutes  aforesaid, 
in  this :  That  the  master  of  the  said  steamer  then  failed  to 
keep  a  correct  list  of  all  the  passengers  received  and  delivered 
by  the  same  from  day  to  day,  noting  the  places  where  re- 
ceived and  where  landed ;  contrary  to  the  form  of  the  statute 
of  the  said  United  States  in  such  case  made  and  provided : 
Whereby,  and  by  force  of  the  said  statute,  the  owner  of  the 
said  steamer  became  liable  to  the  said  United  States  in  a  fur- 
ther penalty  of  five  hundred  dollars. 

By  reason  of  which  premises,  etc.2 

1  Begin  as  indicated  directly  and  by  reference  in  No.  638,  ante. 

2  Conclude  as  in  No.  638,  ante. 


CUSTOMS. 


Information,  on  Sec.  3082,  E.  S.,  on  seizure  of  smuggled 

merchandise. 

No.  640. 

1 1.  For  that  lately  before  the  said  seizure,  to  wit,  on  the 
day  of  -  — ,  in  the  same  year  eighteen  hundred  and 


the  said  property  so  seized,  being  merchandise  by  law  subject 
to  the  payment  of  duties  to  the  said  United  States  upon  being 
imported  or  brought  into  the  same,  was  fraudulently  and 
knowingly  imported  and  brought  into  the  said  United  States, 
by  some  person  or  persons  to  the  said  Attorney  as  yet  un- 
known, at  some  place  to  the  said  Attorney  as  yet  unknown, 
contrary  to  law,  that  is  to  say,  without  entry  of  the  said  mer- 
chandise being  made  with  any  collector  of  customs  of  the  said 
United  States,  and  without  declaration  thereof  being  made  to 
any  proper  revenue-officer  of  the  said  United  States,  and  with- 
out the  payment  of  or  accounting  for  the  said  duties  on  the 
same;  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided. 

2.  And  for  that  some  person  or  persons  to  the  said  Attor- 
ney as  yet  unknown,  lately  before  the  time  of  the  said  seizure, 
to  wit,  on  the  said day  of  -  — ,  in  the  year  eighteen  hun- 
dred and ,  at  some  place  to  the  said  Attorney  as  yet  un- 
known, the  said  property  so  seized  as  aforesaid,  the  same  then 
and  there  being  goods  and  merchandise  subject  to  duty  by 
law,  and  which  should  have  been  invoiced,  knowingly  and 
willfully,  and  with  intent  to  defraud  the  revenue  of  the  said 
United  States,  did  smuggle  and  clandestinely  introduce  into 
the  said  United  States,  without  paying  or  accounting  for  the 
said  duty  on  the  same;  contrary  to  the  form  of  the  statute  of 
the  said  United  States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  etc.2 

1  Begin  as  in  No.  649,  post 

2  Conclude  as  in  No.  649,  post. 


CUSTOMS.  3G5 


Information,  on  Sees.  3082,  2865  and  2802,  R.  S.,  Sec.  9, 
Act  June  10,  1890,  (1  Supp.  R.  S.,  2d  Ed.,  749,)  and 
Sec.  4,  Act  June  22,  1874,  (Id.  32,)  on  seizure  of  mer- 
chandise smuggled  in  baggage. 

No.  641. 

1 seized  certain  property,  that  is  to  say,  one  oil-painting, 

and  delivered  the  same  to  the  Collector  of  Customs  of  the  said 
United  States  for  the  port  and  collection-district  aforesaid, 
who  now  holds  the  same  in  his  custody,  within  the  judicial 
and  collection  districts  aforesaid,  as  forfeited  to  the  said 
United  States  for  the  causes  following,  to  wit : 

1.  For  that  the  property  so  seized  as  aforesaid,  the  same 
being  merchandise  by  law  subject  to  duty,  and  which  should 
have  been  invoiced,  was  lately  before  the  time  of  the  said 
seizure  fraudulently  and  knowingly  imported  and   brought 
into  the  said  United  States  contrary  to  law,  that  is  to  say,  by 
being  knowingly  and   willfully  smuggled  and  clandestinely 
introduced  into  the  said  United  States,  without  payment  of 
or  accounting  for  such  duty,  and  with  intent  to  defraud  the 
revenue  of  the  said  United  States ;  contrary  to  the  form  of 
the  statute  of  the  same  in  such  case  made  and  provided. 

2.  And  for  that  lately  before  the  time  of  the  said  seizure 
the  property  aforesaid,  being  a  dutiable  article  of  merchandise, 
was  knowingly  imported  and  brought  into  the  said  United 
States,  with  intent  to  defraud  the  revenue  thereof,  without 
being  passed   through  the  proper  custom-house  of  the  said 
United  States,  and  without  being  submitted  for  examination 
to  the  proper  officers  of  the  revenue  of  the  same;  contrary  to 
the  form  of  the  statute  of  the  said  United  States  in  such  case 
made  and  provided. 

3.  And  for  that  heretofore,  to  wit,  on  the day  of , 

in  the  year  eighteen  hundred  and ,  to  wit,  at  the  port  of 

New- York?  the  said  property  so  seized  was  fraudulently  and 
knowingly  imported  and  brought  into  the  said  United  States 

1  Begin  as  indicated  directly  and  by  reference  in  No.  648,  post. 

2  This  form  of  information  is  for  use  in  some  interior  judicial  and  collec- 
tion districts. 


366  FORMS   ADAPTED    TO   CIVIL    CASES. 

contrary  to  law,  that  is  to  say,  that  the  property  aforesaid, 
the  same  then  and  there  being  merchandise  by  law  subject  to 
duty,  and  which  should  have  been  invoiced,  was  then  and 
there  knowingly  and  willfully  smuggled  and  clandestinely  in- 
troduced into  the  said  United  States,  with  intent  to  defraud 

the  revenue  thereof,  by  one  H—   -  K ,  without  paying  or 

accounting  for  such  duty  on  the  said  merchandise;  contrary 
to  the  form  of  the  statute  of  the  said  United  States  in  such 
case  made  and  provided. 

4.  And  for  that  heretofore,  to  wit,  on  the  said day  of 

— ,  in  the  year  eighteen  hundred  and  -  — ,  the  said  prop- 
erty so  seized  was  imported  and  brought  by  the  said  H— 

K from  a  foreign  country,  to  wit,  France,  into  the  said 

United  States,  at  the  port  of  New- York  aforesaid,  and  when  so 
imported  and  brought  in  was  merchandise  subject  to  lawful 
duties  accruing  thereon  to  the  said  United  States:  And  the 
said  H—  -  K—  -  then  and  there,  with  intent  to  dofraud  the 
revenue  of  the  said  United  States,  did  willfully  omit  and  neg- 
lect to  pass  the  said  merchandise  through  the  custom-house  of 
the  said  United  States  at  the  said  port  of  New-York-,  or  to 
submit  the  same  for  examination  to  the  proper  officers  of  the 
revenue  of  the  said  United  States,  or  to  disclose  and  declare 
to  their  proper  officers  of  the  customs  at  that  port  the  true 
character,  nature,  intended  use  and  destination  of  the  said 
merchandise;  by  means  whereof  the  said  United  States  were 
then  and  there  deprived  of  the  lawful  duties  so  accruing  on 
the  said  merchandise  as  aforesaid;  contrary  to  the  form  of 
the  statute  of  the  said  United  States  in  such  case  made  and 
provided. 

5.  And  for  that  the  said  article  of  property  so  seized,  the 
same  being  an  article  subject  to  duty,  was  lately  before  the 
time  of  the  said  seizure  brought  into  the  said  United  States, 

and  found,  in  the  baggage  of  the  said  H K ,  who  then 

lately  before  arrived  with  his  said  baggage  within  the  said 
United  States,  at  the  said  port  of  New-  York,  from  a  foreign 

country ;  and  although  upon  so  arriving  the  said  H K— 

made  entry  for  his  said  baggage  before  the  Collector  of  Cus- 
toms for  the  said  port  of  New-  York,  yet  at  the  time  of  so 
making  entry  the  said  article  so  seized,  then  contained  in  the 
said  baggage,  was  not  mentioned  to  the  suid  Collector  for  that 


CUSTOMS.  367 

port  by  the  said  H K ;  contrary  to  the  form  of  the 

statute  of  the  said  United  States  in  such  case  made  and  pro- 
vided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.3 

Attachment  and  monition. 

No.  642. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To  the  Marshal  of  the  said  United  States  for  the  Northern 
District  of ,  Greeting: 

"Whereas  an  information  has  been  filed  in  the  District  Court 
of  the  said  United  States  for  the  Northern  District  of  — 
aforesaid,  on  the day  of ,  in  the  year  eighteen  hun- 
dred and ,  by ,  United-States  Attorney  for  the 

said  district,  on  behalf  of  the  said  United  States,  against  cer- 
tain merchandise,  to  wit,  one  oil-painting,  for  reasons  and 
causes  in  the  said  information  mentioned,  and  praying  the 
usual  process  and  monition  of  the  said  court  in  that  behalf 
to  be  made,  and  that  all  persons  having  or  pretending  to  have 
any  right,  title  or  interest  therein  may  be  cited  to  appear  and 
answer  all  and  singular  the  matters  in  the  said  information 
set  forth,  and  that  this  court  would  be  pleased  to  pronounce 
for  the  forfeiture  and  condemnation  of  the  said  merchandise: 

You  are  therefore  commanded,  to  attach  the  said  merchan- 
dise in  possession  of  the  Collector  of  Customs  for  the  Port  and 

District  of ,  and  to  notify  the  said  Collector  that  he  detain 

the  same  in  his  custody  until  the  further  order  of  this  court 

respecting  the  same;  and  to  give  notice  by  publication1 

for  fourteen  days  previous  to  the  day  of  trial,  and  by  notice 
posted  in  the  most  public  manner,  for  the  space  of  fourteen 
da3Ts,  at  or  near  the  place  of  trial  of  the  said  seizure  or  infor- 
mation, to  all  persons  claiming  the  said  merchandise,  or  know- 
ing or  having  anything  to  say  why  this  court  should  not 
pronounce  against  the  same,  according  to  the  prayer  of  the 
said  information,  and  that  they  be  and  appear  before  the  said 

3  Conclude  as  in  No.  649,  post. 
1  See  9th  Admiralty  Rule. 


368  FORMS    ADAPTED    TO    CIVIL    CASES. 

court,  to  be  holden  in  and  for  the  said  Northern  District  of 
— ,  at  the  United-States  Court-House,  in  the  City  of-  — , 
in  that  district,  on  the  first  Monday  in  -  -  next,  if  that  be  a 
day  of  jurisdiction,  and  if  not,  then  on  the  first  day  of  juris- 
diction thereafter,  at  10  o'clock  in  the  forenoon  of  that  day, 
and  then  and  there  to  interpose  a  claim  to  the  same,  and  to 
make  their  allegations  in  that  behalf. 

And  of  what  you  shall  have  done  in  the  premises  do  you 
then  and  there  make  return,  together  with  this  writ. 

Witness,  the  Honorable  —          — ,  Judge  of  the 

said  court,  and  the  seal  thereof,  this day 

(L.  S.)             of ,  in  the  year  of  our  Lord  eighteen  hun- 
dred and ,  and  of  the  independence  of  the 

said  United  States  the year. 


Clerk. 

United-States  Marshal's  public  notice  of  seizure  of  mer- 
chandise as  forfeited  to  the  United  States,  and  of  the 
time  assigned  for  the  trial  of  the  information,  made 
pursuant  to  the  9th  Admiralty  Rule. 

No.  643. 

In  pursuance  of  a  warrant  of  attachment  and  monition,  is- 
sued out  of  the  District  Court  of  the  United  States  of  Amer- 
ica for  the  District  of ,  under  the  seal  of  that  court,  and 

dated  the  -    -  day  of ,  18 — ,  and  directed  to  me,  public 

notice1  is  hereby  given  to  all  persons  claiming  certain  mer- 
chandise, to  wit, ,  theretofore  seized  on  land,  at , 

within  the  said  district,  for  reasons  and  causes  mentioned  in 
a  certain  information  filed  in  that  behalf  in  the  said  court,  in 
the  cause  entitled  The  United  States  of  America  versus  -  — , 

being  case  No. in  the  same  court,  the  said  merchandise  so 

seized  as  aforesaid  having  been  by  me  attached  in  the  custody 
of ,  Collector  of  Customs  for  the  Port  and  District 

1  "The  reason  for  the  advertisement  is  plain.  In  order  to  give  the  court 
complete  jurisdiction,  so  that  a  decree  for  sale  will  secure  clear  title,  the 
notice  is  given  to  all  the  world."  The  Julia,  57  F.  R  233;  Waples,  Proc. 
In  Rem,  "Notice," per  lotum. 


CUSTOMS.  369 

of ,  and  being  now  detained  in  his  custody  within  the 

judicial  and  collection  districts  aforesaid  by  order  of  the  said 
court ;  and  to  all  persons  knowing  or  having  anything  to  say 
why  the  said  court  shall  not  pronounce  against  the  same  [or, 
for  the  forfeiture  of  the  same, —  or,  for  the  forfeiture,  condem- 
nation and  destruction  of  the  same,]  according  to  the  prayer 
of  the  said  information ;  and  that  they  be  and  appear  before 
the  said  court,  to  be  holden  in  and  for  the  said  District  of 

,  at  the  United-States  Court-House,  in  the  city  of ,  in 

the  same  district,  on  the  first  Monday  in next,  if  that  be 

a  day  of  jurisdiction,  and  if  not,  then  on  the  first  day  of  juris- 
diction thereafter,  at  10  o'clock  in  the  forenoon  of  that  day, 
(the  same  being  the  return-day  of  the  warrant  aforesaid,  and 
the  day  of  the  trial  of  the  said  seizure  and  information,)  and 
then  and  there  to  interpose  a  claim  to  the  said  merchandise, 
and  to  make  their  allegations  in  that  behalf. 

F H— , 

United-States  Marshal  for  the  District  of . 

T E.  M , 

United-States  Attorney. 


Information,  on  Sees.  3082,  2864  and  2802,  R.  S.,  and  Sec. 
4,  Act  June  22,  1874,  (1  Supp.  R.  S.,  2d  Ed.,  32,)  on 
seizure  of  merchandise  fraudulently  passed  through  a 
custom-house  as  wearing-apparel  and  personal  baggage. 

No.  644. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  on  the day  of ,  in  the  year  eighteen  hundred 

and ,  on  land,  at  the  city  and  port  of  C ,  in  the  Northern 

District  aforesaid  and  the  Collection-District  of  C ,  J — 

S ,  then  Collector  of  Customs  of  the  said  United  States 

for  the  collection-district  aforesaid,  did  seize  certain  property, 
that  is  to  say : 

Three  trunks^  (with  their  contents,  as  follows]) 


"Which  said  property  the  said  Collector  now  holds  in  his  cus- 

1  Begin  as  in  No.  049,  post. 
24 


370  FORMS    ADAPTED   TO   CIVIL   CASES. 

tody,  within  the  judicial  and  collection  districts  aforesaid,  as 
forfeited  to  the  said  United  States- for  the  causes  following,  to 
wit: 

1.  For  that  the  said  property  so  seized,  the  same  being 
merchandise  by  law  subject,  upon  the  importation  thereof 
into  the  said  United  States,  to  the  payment  of  duties  to  the 
said  United  States,  was  lately  before  the  time  of  the  said 
seizure  fraudulently  and  knowingly  imported  and  brought 
into  the  said  United  States  contrary  to  law,  that  is  to  say, 
without  the  payment  of  such  duties  on  the  said  merchandise; 
contrary  to  the  form  of  the  statute  of  the  said  United  States 
in  such  case  made  and  provided. 

2.  And  for  that  heretofore,  to  wit,  on  the day  of  - 

in  the  year  eighteen  hundred  and  -  — ,  the  said  property  so 
seized,  being  merchandise  then  brought  by  one  F—  —  A.  M— 
from  a  foreign  country  into  the  said  United  States,  at  the 
port  of  New-  York,  and  subject  to  the  payment  of  duties  to 
the  said  United  States,  was  by  the  said  F A.  M—  -  fraud- 
ulently and  knowingly  entered  at  and  passed  through  the 
custom-house  of  the  said  United  States  there,  without  pay- 
ment of  such  duties,  as  wearing-apparel  and  personal  bag- 
gage, and  not  intended  for  sale,  and  therefore  free  of  duties ; 
whereas  in  truth  the  said  property,  when  so  brought  in,  en- 
tered and  passed  as  aforesaid,  was  not  wearing-apparel  or  per- 
sonal baggage,  and  was  intended  for  sale,  and  was  subject  to 
the  payment  of  duties  to  the  said  United  States:  By  which 
means  payment  of  the  said  duties  on  the  property  aforesaid 
was  by  the  said  F—  -  A.  M then  fraudulently  and  know- 
ingly evaded,  and  the  said  property  was  then  fraudulently 
and  knowingly,  and  contrary  to  law,  by  h —  imported  into 
the  said  United  States ;  contrary  to  the  form  of  the  statute 
of  the  said  United  States  in  such  case  made  and  provided. 

3.  And  for  that  before  the  time  of  the  said  seizure,  to  wit, 

on  the day  of  -    — ,  in  the  same  year  eighteen  hundred 

and ,  the  said  property  so  seized  was  imported  from  for- 
eign parts  into  the  said  United   States,  at  New-  York  afore- 
said, and  was  subject  to  duties  as  imported  merchandise :  And 

that  the  said  F—   -  A.  M ,  being  the  importer  or  owner, 

or  agent  of  the  importer  or  owner,  of  the  said  property,  then 
and  there,  with  intent  to  defraud  the  revenue  of  the  said 


CUSTOMS.  371 

United  States,  did  knowingly  make,  and  attempt  to  make,  an 
entry  of  the  said  property  with  the  Collector  of  Customs  for 
the  port  and  district  of  Neio-  York  aforesaid,  by  means  of  a 
certain  false  and  fraudulent  affidavit  and  statement  in  writ- 
ing of  h —  the  said  F A.  M ,  that  is  to  say,  a  cer- 
tain written  affidavit  and  statement  false  and  fraudulent  in 
this,  that  in  and  by  the  same  the  said  property  so  seized  was 
in  substance  alleged  and  declared  then  and  there  to  be  wear- 
ing-apparel and  personal  baggage  of  the  said  F A.  M— 

and  members  of  h —  family,  and  not  intended  for  sale,  and 
therefore  free  of  duties ;  whereas  in  truth  the  said  property 
then  and  there  was  not  wearing-apparel  or  personal  baggage 

of  the  said  F A.  M or  members  of  h —  family,  and 

was  intended  for  sale,  and  was  subject  to  the  payment  of  du- 
ties to  the  said  United  States.  And  so  the  said  Attorney  of 
the  said  United  States,  who  prosecutes  as  aforesaid,  for  the 
said  United  States  says,  that  the  said  property  so  seized  being 
imported  merchandise  subject  to  duties,  entry  thereof  was 
made,  and  attempted  to  be  made,  in  manner  and  form  in  this 
count  aforesaid,  by  means  of  a  false  and  fraudulent  affidavit 
and  statement  in  writing,  with  intent  to  defraud  the  revenue 
of  the  said  United  States ;  contrary  to  the  form  of  the  stat- 
ute of  the  said  United  States  in  such  case  made  and  provided. 

4.  And  for  that  the  said  property  so  seized  is  merchandise 
which  lately  before  the  time  of  the  said  seizure  was  imported 

by  the  said  F A.  M from  a  foreign  country  into  the 

said  United  States,  at  the  said  port  of  New  -  York,  and  upon 
such  importation  was  subject  to  the  payment  of  duties  to  the 

said  United  States :  And  that  the  said  F A.  M ,  at  the 

time  when  h —  so  imported  the  said  merchandise,  did  will- 
fully, and  with  intent  to  defraud  the  revenue  of  the  said 
United  States,  neglect  and  omit  to  disclose  and  declare  to  the 
proper  officers  of  the  customs  at  the  said  port  of  New  -  York 
the  true  character,  nature,  quantity,  intended  use  and  destina- 
tion of  the  said  merchandise ;   by  means  whereof  the  said 
United  States  were  then  and  there  deprived  of  the  lawful  du- 
ties accruing  upon  the  merchandise  aforesaid ;  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case  made 
and  provided. 

5.  And  for  that  lately  before  the  time  of  the  said  seizure 


372  FORMS   ADAPTED   TO   CIVIL   OASES. 

the  said  articles  of  property  so  seized,  being  merchandise  sub- 
ject to  duties,  were  imported  and  brought  into  the  said  United 
States  without  passing  the  same  articles  through  the  proper 
custom-house  of  the  said  United  States,  and  without  submit- 
ting the  same  for  examination  to  the  proper  officers  of  the 
revenue  of  the  said  United  States,  and  with  intent  to  defraud 
the  revenue  aforesaid;  contrary  to  the  form  of  the  statute  of 
the  said  United  States  in  such  case  made  and  provided. 

0.  And  for  that  at  the  time  of  the  said  seizure  the  said  ar- 
ticles of  property  so  seized,  being  articles  subject  to  duties, 

were  found  in  the  baggage  of  the  said  F A.  M ,  who 

then  lately  before  arrived  with  h —  said  baggage  within 
the  said  United  States,  at  the  said  port  of  New  •  York,  from 
foreign  parts;  and  although  upon  so  arriving  the  said  F— 
A.  M made  entry  for  h —  said  baggage  before  the  Col- 
lector of  Customs  for  the  said  port  of  New- York,  yet  at  the 
time  of  so  making  entry  the  said  articles  so  seized,  then  con- 
tained in  the  said  baggage,  were  not  mentioned  to  the  said 

Collector  for  that  port  by  the  said  F A.  M ;  contrary 

to  the  form  of  the  statute  of  the  said  United  States  in  such 
case  made  and  provided. 

By  reason  of  which  premises,  etc.2 


Information,  on  Sec.  9,  Act  of  June  10,  1890,  (1  Supp. 
B.  S.,  2d  Ed.,  749,)  on  seizure  of  imported  merchandise 
fraudulently  undervalued  in  invoice  and  entry. 

No.  645. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  on  the  day  of ,  in  the  year  eighteen  hundred 

and ,  at  the  city  and  port  of ,  in  the  Northern  District 

aforesaid  and  the  Collection-District  of ,  B H.  H , 

then  a  Special  Agent  of  the  Treasury-Department  of  the  said 
United  States,  did  seize  certain  merchandise,  that  is  to  say 
seventy-two  cases  of  printing-paper,  and  delivered  the  same  to 
"W H.  S ,  then  and  still  Collector  of  Customs  of  the 


2  Conclude  as  indicated  directly  and  by  reference  in  No.  641,  ante. 
1  Begin  as  in  No.  652,  post. 


CUSTOMS.  373 

said  United  States  for  the  District  and  Port  of ,  who  now 

holds  the  same  in  his  custody,  within  the  judicial  and  collec- 
tion districts  aforesaid,  as  forfeited  to  the  said  United  States 
for  the  causes  following,  to  wit : 

For  that  before  the  time  of  the  said  seizure,  to  wit,  on  the 

—  day  of ,  in  the  same  year  eighteen  hundred  and , 

the  said  merchandise  was  imported  from  foreign  parts,  to  wit, 

from ,  into  the  said  United  States,  at  and  within  the  port 

and  districts  aforesaid,  by  certain  persons,  whose  names  are  to 
the  said  Attorney  unknown,  then  trading  under  the  firm-name 

and  style  of ,  and  was  subject  to  duty  ad  valorem,  as 

imported  merchandise:  And  that  the  said  importers  of  the 
said  merchandise  then  and  there,  with  intent  to  defraud  the 
revenue  of  the  said  United  States,  did  make,  and  attempt  to 
make,  an  entry  of  the  said  merchandise  at  the  custom-house 

of  the  said  United  States  at  aforesaid,  by  means  of  a 

certain  false  and  fraudulent  invoice,  that  is  to  say,  by  means  of 
a  certain  invoice  false  and  fraudulent  in  this,  that  in  and  by  the 
same  it  was  in  substance  declared  and  alleged  that  the  dutiable 
value  of  the  said  printing-paper  so  imported  was  then  and 
there  six  cents  per  pound,  whereas  in  truth  and  in  fact  the 
dutiable  value  of  the  same  was  then  and  there  a  different  and 
much  greater  sum  per  pound,  to  wit,  the  sum  of  eight  cents  per 
pound:  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided. 
By  reason  of  which  premises,  etc.2 

Information,  on  Sec.  9,  Act  June  10,  1890,  (1  Supp.  R.  S., 
2d  Ed.,  749,)  and  Sec.  3082,  R.  S.,  on  seizure  of  im- 
ported animals,  by  false  invoice  and  affidavit  declared 
to  be  for  breeding-purposes. 

No.  646. 

1 did  seize  certain  property,  that  is  to  sayj/bw/1  mares, 

and  now  holds  the  same  in  his  custody,  within  the  judicial  and 
collection  districts  aforesaid,  as  forfeited  to  the  said  United 
States  for  the  causes  following,  to  wit: 

1.  For  that  lately  before  the  time  of  the  said  seizure,  to  wit, 

2  Conclude  as  in  No.  649,  post. 

1  Begin  as  indicated  directly  and  by  reference  in  No.  644,  ante. 


374:  FORMS    ADAPTED   TO   CIVIL   OASES. 

on  the  -  -  day  of  -  — ,  in  the  year  eighteen  hundred  and 
— ,  the  said  mares  were  imported  from  a  foreign  country, 
to  wit,  the  Dominion  of  Canada,  into  the  said  United  States, 
at  Detroit,  in  the  collection-district  of  Detroit,  in  the x state  of 
Michigan,  and  were  subject  to  duties  as  imported  merchan- 
dise: And  the  owners,  consignees,  agents  and  importers  of  the 
said  mares  then  and  there,  with  intent  to  defraud  the  revenue 
of  the  said  United  States,  did  knowingly  make  an  entry  of 
the  said  mares  at  the  Custom-House  of  the  said  United  States 
at  Detroit  aforesaid,  by  means  of  a  fraudulent  and  false  in- 
voice, that  is  to  say,  by  means  of  a  certain  invoice  fraudulent 
and  false  in  this,  that  in  and  by  the  same  it  was  in  substance 
declared  and  alleged  that  the,  said  mares  then  and  there  were 
animals  specially  imported  for  breeding-purposes,  and  there- 
fore free  of  duties;  whereas  in  truth  and  in  fact  the  said  mares 
then  and  there  were  not  animals  specially  imported  for  breed- 
ing-purposes, and  were  subject  to  the  payment  of  duties  to 
the  said  United  States;  contrary  to  the  form  of  the  statute  of 
the  said  United  States  in  such  case  made  and  provided. 

2.  And  for  that  lately  before  the  time  of  the  said  seizure, 

to  wit,  on  the  -    -  day  of :,  in  the  year  eighteen  hundred 

and  -  — ,  the  said  mares  were  imported  from  foreign  parts 
into  the  said  United  States,  at  Detroit  aforesaid,  and  were 
subject  to  duties  as  imported  merchandise:  And  the  said  own- 
ers, consignees,  agents  and  importers  of  the  said  mares  then 
and  there,  with  intent  to  defraud  the  revenue  of  the  said 
United   States,  did   knowingly  make   an  entry  of   the  said 
mares  at  the  Custom- House  of  the  said  United  States  at  De- 
troit aforesaid,  by  means  of  a  fraudulent  and  false  affidavit 
and  statement  in  writing,  that  is  to  say,  by  means  of  a  certain 
written  affidavit  and  statement  fraudulent  and  false  in  this, 
that  in  and  by  the  same  the  said  mares  were  in  substance  de- 
clared and  alleged  then  and  there  to  be  animals  specially  im- 
ported for  breeding-purposes,  and  therefore  free  of  duties; 
whereas  in  truth  and  in  fact  the  said  mares  then  and  there 
were  not  animals  specially  imported  for  breeding-purposes, 
and  were  subject  to  the  payment  of  duties  to  the  said  United 
States;  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided. 

3.  And  for  that  the  said  mares  so  seized  as  aforesaid,  the 


CUSTOMS.  375 

same  being  merchandise  by  law  subject,  upon  the  importation 
thereof  into  the  said  United  States,  to  the  payment  of  duties 
to  the  said  United  States,  were  lately  before  the  time  of  the 
said  seizure  fraudulently  and  knowingly  imported  and  brought 
into  the  said  United  States  contrary  to  law,  that  is  to  say, 
without  the  payment  of  such  duties  on  the  said  mares',  con- 
trary to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.2 

Information,  on  Sec.  (2864,  R.  S.,)  9  of  the  Act  of  June  10, 
1890,  (1  Supp.  R.  S.,  2d  Ed.,  749,)  and  Sec.  3082,  R.  S., 
on  seizure  of  merchandise  entered  by  means  of  an  in- 
yoke  showing  false  statement  of  cost,  and  declared  to 
be  free  of  duty,  and  imported  contrary  to  law. 

No.  647. 

1  For  that  before  the  time  of  the  said  seizure,  to  wit,  on  the 
day  of  -  — ,  in  the  year  eighteen  hundred  and ,  the 


said   merchandise  was  imported  from  foreign  parts,  to  wit, 

from ,  into  the  said  United  States,  at  and  within  the  port 

and  district  aforesaid,  by  certain  persons,  whose  names  are  to 
the  said  Attorney  unknown,  then  trading  under  the  firm- 
name  and  style  of  -  — ,  and  was  subject  to  duty  ad  valorem, 
as  imported  merchandise :  And  that  the  said  importers  of  the 
said  merchandise  then  and  there,  with  intent  to  defraud  the 
revenue  of  the  said  United  States,  did  make,  and  attempt  to 
make,  an  entry  of  the  said  merchandise  at  the  Custom-House 

of  the  said  United  States  at  aforesaid,  by  means  of  a 

certain  false  and  fraudulent  invoice,  that  is  to  say,  by  means 
of  a  certain  invoice  false  and  fraudulent  in  this,  that  in  and 
by  the  same  it  was  in  substance  declared  and  alleged  that  the 

dutiable  value  of  the  said  so  imported  was  then  and 

there per ,  whereas  in  truth  and  in  fact  the  dutiable 

value  of  the  same  was  then  and  there  a  different  and  much 
greater  sum  per ,  to  wit,  the  sum  of per  -  — :  con- 

2  Conclude  as  in  No.  649,  post. 

1  Begin  as  indicated  directly  and  by  reference  in  No.  646,  ante. 


376  FORMS   ADAPTED   TO   CIVIL   CASES. 

trary  to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided. 

And  for  that  one ,  being  the  —   -  of  the  said  goods 

and  merchandise  so  imported,  did  knowingly  make  and  at- 
tempt to  make  entry  thereof  as  aforesaid  by  means  of  the 
invoice  above  mentioned,  with  intent  to  defraud  the  revenue  of 
the  said  United  States;  the  said  invoice  then  and  there  being 
fraudulent  and  false,  in  this,  that  the  said  goods  and  merchan- 
dise, being  then  and  there  subject  to  duty  ad  valorem,  and 
having  been  obtained  by  purchase,  the  said  invoice  did  not 
exhibit  the  actual  cost2  thereof  at  the  time  when  and  place 
where  the  same  were  procured,  and  all  charges  thereon:  con- 
trary to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided. 

And  for  that  the  said  -  — ,  then  being  the  owner  — 
of  the  said  mares  so  imported,  knowingly,  and  with  intent  to 
defraud  the  revenue  of  the  said  United  States,  did  make  and 
attempt  to  make  entry  thereof  as  aforesaid  by  means  of  a 
certain  written  statement  to  the  effect  that  the  said  mares 
were  then  and  there  animals  specially  imported  for  breeding 
purposes  from  beyond  seas,  and  therefore  free  of  duties; 
which  said  written  statement  was  then  and  there  false,  in 
this,  that  the  said  mares  then  and  there  were  not  animals 
specially  imported  for  breeding  purposes  from  beyond  seas, 
and  were  subject  to  the  payment  of  duties  to  the  said  United 
States :  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided. 

And  for  that  the  said  goods  and  merchandise  so  seized,  the 
same  being  goods  and  merchandise  by  law  subject,  upon  the 
importation  thereof  into  the  said  United  States,  to  the  pay- 
ment of  duties  to  the  said  United  States,  were  before  the  time 
of  the  said  seizure  fraudulently  and  knowingly  imported  and 
brought  into  the  said  United  States  contrary  to  law,  that  is 
to  say,  without  the  payment  of  the  said  duties  on  the  same 
goods  and  merchandise:  contrary  to  the  form  of  the  statute 
of  the  said  United  States  in  such  case  made  and  provided. 

And  for  that  one  -  — ,  before  the  time  of  the  said 

seizure,  to  wit,  on  the  -     -  day  of ,  in  the  vsame  year 

eighteen  hundred  and  -  — ,  did  fraudulently  and  knowingly 

2  See  Sec.  3,  Act  June  10,  1890,  (1  Supp.  R  S.,  2d  Ed,  745). 


CUSTOMS.  377 

import  and  bring,  and  assist  in  importing  and  bringing,  the 
said  goods  and  merchandise  so  seized  into  the  said  United 
States,  contrary  to  law,  that  is  to  say,  without  the  payment 
of  the  proper  customs-duties  to  which  the  same  goods  and 
merchandise  were  subject  upon  importation  thereof  into  the 
said  United  States ;  contrary  to  the  form  of  the  .statute  of  the 
said  United  States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.3 


Information,  on  Sees.  3082  and  2865,  K.  S.,  Sec.  9,  Act  June 
10,  1890,  (1  Supp.  R.  S.,  2d  Ed.,  749,)  and  Sec.  4,  Act 
June  22,  1874,  (Id.  32,)  on  seizure  of  smuggled  mer- 
chandise. 

:No.  648. 

-  gives  the  court  here  to  understand  and  be  informed, 

that  on  the day  of ,  in  the  year  eighteen  hundred 

and ,  on  land,  at  the  port  and  city  of ,  in  the  Northern 

District  aforesaid  and  the  Collection-District  of ,  J — -  J. 

C ,  then  a  special  agent  of  the  Treasury-Department  of 

the  said  United  States,  and  "W "W ,  then  an  inspector 

of  customs  of  the  said  United  States,  seized  certain  merchan- 
dise, and  delivered  the  same  to  the  Collector  of  Customs  of  the 
said  United  States  for  the  port  and  collection-district  afore- 
said, that  is  to  say,  certain  diamonds,  with  their  settings,  namely: 

A.  Two  solitaire  diamonds,  set  in  gold  rings', 

B.  Four  diamonds,  set  in  a  gold  hoop-ring,  with  supposed 

emerald'  center; 

C.  One  diamond,  set  in  a  gold  stud: 

Which  said  merchandise  the  said  collector  now  holds  in  his 
custody,  within  the  judicial  and  collection  districts  aforesaid, 
as  forfeited  to  the  said  United  States  for  the  causes  following, 
to  wit : 

1.  For  that  the  said  merchandise  so  seized  as  aforesaid,  the 
same  being  merchandise  by  law  subject  to  duty,  and  which 
should  have  been  invoiced,  was  lately  before  the  time  of  the 


3  Conclude  as  in  No.  649,  post. 
1  Begin  as  in  No.  649,  post. 


378  FORMS    ADAPTED    TO   CIVIL   CASES. 

said  seizure  fraudulently  and  knowingly  imported  and  brought 
into  the  said  United  States  contrary  to  law,  that  is  to  say,  by 
being  knowingly  and  willfully  smuggled  and  clandestinely  in- 
troduced into  the  said  United  States,  without  payment  of  or 
accounting  for  such  duty,  and  with  intent  to  defraud  the  reve- 
nue of  the  said  United  States;  contrary  to  the  form  of  the 
statute  of  the  same  in  such  case  made  and  provided. 

2.  And  for  that  lately  before  the  time  of  the  said  seizure  the 
articles  aforesaid,  being  dutiable  articles  of  merchandise,  were 
knowingly  imported  and  brought  into  the  said  United  States, 
with  intent  to  defraud  the  revenue  thereof,  without  being 
passed  through  the  proper  custom-house  of  the  said  United 
States,  and  without  being  submitted  for  examination  to  the 
proper  officers  of  the  revenue  of  the  same;  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case  made 
and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.2 

Information,  on  seizure  of  obscene  books  imported  in  viola- 
tion of  Sees.  11  and  13  of  the  Act  of  Oct.  1,  1890,— 
1  Supp.  R.  S.,  2d  Ed.,  859,  860—,  (Sees.  2491  and  2492, 

ft.  8.) 

No.  649. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF ,  NORTHERN  DI- 
VISION. 

Of  the Term,  in  the  year  eighteen 

hundred  and . 

Northern  District  of 


f  set. — 


Northern  Division,        f  set. —  Be  it  remembered  that  — 
— ,  Attorney  of  the  United  States  of  America  for  the  North- 
ern District  of ,  who  for  the  said  United  States  in  this 

behalf  prosecutes,  comes  in  person  into  the  District  Court  of 

the  said  United  States  for  the  District  aforesaid,  at ,  on  this 

-  day  of  -  --,  in  this  same  term,  and  for  the  said  United 
States  gives  the  court  here  to  understand  andvbe  informed, 
that  on  the day  of  -  — ,  in  the  year  eighteen  hundred 

*  Conclude  as  in  No.  649,  post. 


CUSTOMS.  379 

and  -  — ,  on  land,  at  the  city  of aforesaid,  in  the  North- 
ern District  aforesaid  and  the  Collection-District  of  , 

J—  -  J.  C ,  then  a  special  agent  of  the  Treasury-Depart- 
ment of  the  said  United  States,  did  seize  certain  property,  that 
is  to  say,  one  case  of  books ,  and  delivered  the  same  to  the  Col- 
lector of  Customs  of  the  said  United  States  for  the  said  collec- 
tion-district, who  now  holds  the  same  in  his  custody,  within 
the  judicial  and  collection  districts  aforesaid,  as  forfeited  to 
the  said  United  States  for  the  causes  following,  to  wit : 

For  that  the  said  boobs  so  seized  (being  certain  paper-bound 

books  or  pamphlets,  entitled  " ,"  and  containing  indecent 

pictures  and  representations,)  are  obscene  books  and  pam- 
phlets, and  articles  of  an  immoral  nature ;  and  the  same  were 
lately  before  the  time  of  the  said  seizure,  to  wit,  on  the  day 
last  aforesaid,  unlawfully  imported  and  brought  into  the  said 
United  States  from  a  foreign  country,  to  wit,  Germany;  con- 
trary to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  the  said  property  became  and  is  forfeited  to  the  said 
United  States:  Wherefore  the  said  Attorney  of  the  said 
United  States,  who  prosecutes  as  aforesaid,  for  the  said  United 
States  prays  that  due  process  of  law  may  be  awarded  in  this 
behalf  to  enforce  such  forfeiture  of  the  said  property  so  seized 
as  aforesaid,  and  to  give  notice  to  all  persons  concerned  to 
appear  on  the  return-day  of  such  process,  and  show  cause,  if 
any  they  have,  why  such  forfeiture  should  not  be  adjudged. 


United-States  Attorney. 
[or  — 

For  that  the  said  articles  so  seized  (being  three  paper-bound 
books  or  pamphlets,  entitled  respectively  -  ,  -  ,  and  --  , 


small  pictures  or  photographs,  of  too  indecent  char- 
acter to  be  here  particularly  described,)  are  respectively  ob- 
scene books,  pamphlets,  pictures  and  photographs,  and  articles 
of  an  immoral  nature  ;  and  the  same  were  lately  before  the 
time  of  the  said  seizure,  to  wit,  on  the  day  last  aforesaid,  un- 
lawfully- imported  and  brought  into  the  said  United  States 
from  a  foreign  country,  to  wit,  -  —  ;] 


380  FORMS   ADAPTED   TO   CIVIL   CASES. 

Attachment  and  monition. 

No.  650. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To  the  Marshal  of  the  Northern  District  of  -  — ,  —  Greeting: 

Whereas  an  information  has  been  filed  in  the  District  Court 

of  the  said  United  States  for  the  said  Northern  District  of , 

Northern  Division,  on  the day  of  • ,  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  • ,  by , 

Attorney  of  the  said  United  States  for  the  district  aforesaid, 
[or,  United  States  Attorney  for  the  said  district,]  on  behalf 
of  the  said  United  States,  against  one  case  of  books,  for  reasons 
and  causes  in  the  said  information  mentioned,  and  praying 
the  usual  process  and  monition  of  the  said  court  in  that  be- 
half to  be  made,  and  that  all  persons  having  or  pretending  to 
have  any  right,  title  or  interest  therein  may  be  cited  to  ap- 
pear and  answer  all  and  singular  the  matters  in  the  said  in- 
formation set  forth  [or,  articulately  propounded,]  and  that  this 
court  would  be  pleased  to  pronounce  for  the  forfeiture,  con- 
demnation and  destruction1  of  the  said  case  nf  books: 

You  are  therefore  commanded  to  attach  the  said  property, 
in  the  custody  of  the  Collector  of  Customs  for  the  Port  and 

District  of ,  and  to  notify  the  said  Collector  that  he  detain 

the  same  in  his  custody  until  the  further  order  of  this  court 
respecting  the  same ;  and  to  give  notice,  by  publication 2 — 
for  fourteen  days  previous  to  the  day  of  trial,  and  by  notice 
posted  in  the  most  public  manner,  for  the  space  of  fourteen 
days,  at  or  near  the  place  of  trial  of  the  said  seizure  or  in- 
formation, to  all  persons  claiming  the  said  property,  or  know- 
ing or  having  anything  to  say  why  this  court  should  not 
pronounce  against  the  same,  according  to  the  prayer  of  the 
said  information,  and  that  they  appear  before  the  said  court, 

to  be  holden  in  and  for  the  said  Northern  District  of  ,  at 

the  United-States  Court-House,  in  the   city  of  ,  in  the 

same  district,  on  the  first  Monday  in  -    -  next,  if  that  be  a 

1  Of  course  obscene  books,  etc.,  would  not  be  sold  to  the  public  by  the 
court. 
-  See  the  9th  Admiralty  Rule 


CUSTOMS.  3S1 

day  of  jurisdiction,  and  if  not,  then  on  the  first  day  of  juris- 
diction thereafter,  at  ten  o'clock  in  the  forenoon  of  that  day, 
then  and  there  to  interpose  a  claim  to  the  same,  and  to  make 
their  allegations  in  that  behalf. 

And  of  what  you  shall  have  done  in  the  premises  do  you 
then  and  there  make  return,  together  with  this  writ. 

Witness,  the  Honorable ,  Judge  of  the 

said  court,  and  the  seal  thereof,  this day 

(L.  S.)  of  -  — ,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and ,  and  of  the  independ- 
ence of  the  said  United  States  the year. 

,  Clerk, 


Information,  on  Sec.  2987,  R,  S.,  against  property  seized 
for  haying  been  removed  from  a  customs  bonded  ware- 
house without  payment  of  duty  due. 

No.  651. 

*For  that  before  the  time  of  the  said  seizure,  to  wit,  on  the 
day  of ,  in  the  same  year  eighteen  hundred  and , 


the  said  property  so  seized  was  imported  merchandise  ware- 
housed in  a  certain  bonded  warehouse  of  the  said  United 

States,  at  and  within  the  Port  and  Collection-District  of , 

in  the  state  of  ,  and  subject  to  duty  as  such  imported 

merchandise,  under  the  statutes  of  the  said  United  States  in 
such  case  made  and  provided ;  and  the  said  property  then  and 
there,  so  being  in  the  said  warehouse,  and  subject  to  duty,  as 
aforesaid,  was  unlawfully  and  fraudulently  removed  from  the 
said  warehouse,  by  some  person  or  persons  to  the  said  Attor- 
ney unknown,  without  payment  of  the  said  duty  on  the  said 
property;  contrary  to  the  form  of  the  statute  of  the  said 
United  States  in  such  case  made  and  provided. 
By  reason  of  which  premises,  etc.2 

1  Begin  as  in  No.  649,  ante. 

2  Conclude  as  in  No.  649,  ante. 


382  FORMS   ADAPTED  TO   CIVIL   CASES. 


Information  of  debt  on  a  customs  warehousing-bond. 
Breach,  non-withdrawal  of  merchandise  from  ware- 
house and  non-payment  of  duty. 

No.  652. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMER- 
ICA FOR  THE  NORTHERN  DISTRICT  OF ,  NORTHERN  DI- 
VISION. 

Of  the Term,  in  the  year 

eighteen  hundred  and  -  — . 

Northern  District  of  -    — ,  set. —  Be  it  remembered  that 

T—    -  E.  M ,  Attorney  of  the  United   States  of  America 

for  the  Northern  District  of  -  — ,  who  for  the  said  United 
States  in  this  behalf  prosecutes,  comes  in  person  into  the  Cir- 
cuit Court  of  the  said  United  States  for  the  district  aforesaid, 
in  the  Northern  Division  thereof,  on  this  -  -  day  of  -  — ,  in 
this  same  term,  and  for  the  said  United  States  gives  the  court 
here  to  understand  and  be  informed,  that  C —  -  C—  -  senior, 

C—  -  C junior  and  S B ,  on  the  -    -  day  of  -  — , 

in  the  year  eighteen  hundred  and  -  — ,  to  wit,  at  -  — ,  in  the 
division  and  district  aforesaid,  by  their  writing  obligatory, 
bearing  date  of  that  day,  and  now  to  the  court  here  shown, 
acknowledged  themselves  to  be  held  and  firmly  bound,  jointly 
and  severally,  unto  the  said  United  States,  in  the  sum  of  five 
hundred  dollars,  to  be  paid  to  the  said  United  States ;  which 
said  writing  obligatory  and  a  certain  condition  thereunder 
written  were  and  are  as  here  follows,  to  wit:  [set  out  a  copy 
of  the  bond  sued  ori\. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  for  the  said  United  States  further  says, 
that  the  goods,  wares  and  merchandise  in  the  said  writing 
obligatory  mentioned  were  imported  and  entered  as  therein 
set  forth ;  and  that  the  same,  at  the  time  when  they  were  so 
entered,  and  thenceforth,  were  subject  to  legal  duties  and 
charges,  together  amounting  to  a  large  sum  of  money,  to  wit, 
the  sum  of  -  — . 

And  the  said  Attorney  of  the  said  United  States,  who  prose- 
cutes as  aforesaid,  for  the  said  United  States  further  in  fact 
says,  that  certain  of  the  said  goods,  [or,  part  of  the  said  goods.] 


CUSTOMS.  383 

wares  and  merchandise,  to  wit, ,  were  not,  [was 

not,]  within  one  year l  from  the  date  of  original  importation 
thereof,  regularly  and  lawfully  withdrawn  from  public  store 
or  bonded  warehouse  on  payment  of  the  legal  duties  and 
charges  to  which  the  same  were  [was]  subject  as  aforesaid ; 

nor  were  [was]  the  said so  withdrawn  after  the  expiration 

of  one  year,  and  within  three  years,  from  the  said  date  of  orig- 
inal importation,  upon  the  like  payment,  with  ten  per  centum 
added  upon  the  amount  of  the  said  duties  and  charges  to 
which  the  same  were  [was]  subject  as  aforesaid;  nor  were 

[was]  the  said so  withdrawn  at  any  time  within  three 

years  from  the  said  date  of  original  importation,  for  actual 
export  beyond  the  limits  of  the  said  United  States ;  and  cer- 
tain of  the  said  duties  and  charges  on  the  said ,  together 

amounting  to  a  large  sum  of  money,  to  wit,  the  sum  of , 

as  well  as  the  said  additional  duty  of  ten  per  centum  of  that 
sum,  and  interest  as  provided  by  law,  still  remain  unpaid. 

By  reason  of  which  premises  the  said  writing  obligatory  has 
become  forfeited,  and  thereby  an  action  has  accrued  to  the 
said  United  States  to  demand  and  have  of  the  said  C — 

C senior,  C C junior  and  S —   -  B the  said 

sum  of  Jive  hundred  dollars  in  the  said  writing  obligatory  men- 
tioned :  Yet  the  said  C C senior,  C C—  -  junior 

and  S—  -  B ,  though  requested,  have  not  paid  to  the  said 

United  States  that  sum  of  money,  or  any  part  thereof,  but 
refuse  so  to  do ;  to  the  damage  of  the  said  United  States  of 
dollars. 

Whereupon  the  said  Attorney  of  the  said  United  States^ 
who  prosecutes  as  aforesaid,  for  the  said  United  States  prays 
the  consideration  of  the  court  here  in  the  premises,  and  that 
due  process  of  law  may  be  awarded  against  them  the  said 

C C—  -  senior,  C —  -  C—   -  junior  and  S B —  -  in 

this  behalf,  to  make  them  answer  to  the  said  United  States 
concerning  the  premises  aforesaid. 

T E.  M-  — 

United-States  Attorney. 

i  See  Sec.  2970,  R.  S. 


384:  FOKMS    ADAPTED   TO   CIVIL   CASKS. 


Declaration  in  debt  on  customs-bond  on  delivery  to  import- 
ers of  packages  not  designated  for  examination,  given 
in  accordance  with  Sec.  2899,  B.  S.  B: each,  failure  to 
re-deliver  packages  to  the  order  of  the  Collector. 

No.  653. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  year 

eighteen  hundred  and . 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by ,  their  Attorney  for  the  District  of ,  com- 
plain of  W-  -  A.  K ,  H H.  K and  G-  -  W. 

S ,  defendants,  of  a  plea  that  they  render  unto  the  said 

plaintiffs  the  sum  of  seventeen  hundred  dollars,  which  the  said 
defendants  owe  to  and  unjustly  detain  from  the  said  plaintiffs : 
For  that  whereas  the  said  defendants,  on  the  —  —  day  of  -  — , 

in  the  year  eighteen  hundred  and ,  at ,  in  the  district 

aforesaid,  by  their  writing  obligatory,  bearing  date  of  that 
day,  and  now  to  the  court  here  shown,  acknowledged  them- 
selves to  be  held  and  firmly  bound,  jointly  and  severally,  unto 
the  said  plaintiffs,  in  the  sum  of  seventeen  hundred  dollars 
above  demanded,  to  be  paid  to  the  said  plaintiffs,  which  said 
writing  obligatory  was  and  is  subject  to  a  certain  condition 
thereunder  written,  whereby,  after  reciting  to  the  effect  that 

the  said  W A.  R and  II H.  R had  on  that 

day  made  entry  of  certain  merchandise  imported  in  the  steamer 

— ,  from ,  and  that  the  Collector  of  Customs  at  the  port 

of had  designated,  as  required  by  the  laws1  of  the  said 

United  States,  out  of  the  invoice  of  the  said  merchandise,  the 
package  or  quantity  to  be  opened  and  examined  according  to 
law,  to  wit,  one  barrel  of  ginger  ale,  and  had  caused  the  same 
to  be  sent  for  that  purpose  to  the  public  stores,  and  that  the 
residue  of  the  said  merchandise  mentioned  in  such  entry  had 

been  delivered  to  the  said  W A.  R and  H H. 

R ,  at  their  request, —  it  was  in  effect  provided  that  if  the 

said  W A.  R and  H H.  R should  re-deliver 

i  See  Sec,  2901,  R.  S. 


CUSTOMS.  385 

the  said  residue  of  the  said  merchandise  to  the  order  of  the 
said  Collector,  provided  he  should  require  the  same  at  anv 
time  within  ten  days  after  the  said  package  so  sent  to  the 
public  stores  and  designated  for  appraisement  should  be  ap- 
praised and  reported  to  him,  and  if  in  the  meantime  the  pack- 
ages or  quantities  of  the  said  merchandise  so  delivered  to  the 

said  "W A.  R and  H H.  II as  aforesaid  should 

not  be  opened  or  changed,  except  with  the  consent  of  the  said 
Collector,  given  in  writing,  and  then  in  the  presence  of  one  of 
the  inspectors  of  the  customs,  then  the  said  obligation  should 
be  void,  and  otherwise  should  remain  in  full  force  and  virtue. 
And  the  said  plaintiffs  in  fact  say,  that  the  merchandise  in  the 
said  writing  obligatory  mentioned,  being  one  hundred  barrels 
of  ginger  ale,  was  imported  and  entered  as  therein  recited ;  and 

that  the  Collector  of  Customs  at  the  port  of designated,. 

pursuant  to  the  laws  of  the  said  United  States,  out  of  the  in- 
voice of  the  said  merchandise,  one  of  the  said  barrels  of  ginger 
ale,  to  be  opened  and  examined  according  to  law.  and  caused 
the  same  to  be  sent  for  that  purpose  to  the  public  stores,  as  in 
the  said  writing  obligatory  mentioned;  and  that  the  residue 
of  the  said  merchandise,  to  wit,  ninety-nine  barrels  of  ginger 

ale,  was  delivered  to  the  said  W A.  R and  H—  -  H. 

R ,  at  their  request,  as  in  the  said  writing  obligatory  set 

forth. 

Nevertheless,  although  the  said  package  of  merchandise  so 

designated  for  appraisement  was  afterwards,  to  wit,  on  the 

-  day  of  ,  in  the  same  year  eighteen  hundred  and 

— ,  duly  appraised,  and  reported  to  the  said  Collector,  to 

wit,  at aforesaid,  and  although  the  said  Collector  within 

ten  days  thereafter,  to  wit,  on   the  day  last  aforesaid,  there 

required  the  said  W A.  R and  H H.  R to 

re-deliver  to  the  order  of  the  said  Collector  the  said  residue 

of  the  merchandise  aforesaid,  they  the  said  W A.  R — 

and  H H.  R did  not  then  or  afterwards  re-deliver  to 

the  order  of  the  said  Collector  the  said  residue  of  the  mer- 
chandise aforesaid,  or  any  part  thereof,  but  so  to  do  wholly 
neglected  and  refused ;  and  certain  duties  thereon  payable  to. 
the  said  plaintiffs,  to  a  large  amount,  to  wit,  the  sum  of  two 
hundred  dollars,  with  lawful  interest  thereon  from  the  day 
last  aforesaid,  still  remain  wholly  unpaid. 
25 


386  FORMS   ADAPTED   TO  CIVIL  OASES. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  plaintiffs  to  demand  and  have  of  the  said  defendants 
the  said  sum  of  seventeen  hundred  dollars  above  demanded : 
Yet  the  said  defendants,  though  requested,  have  not  paid  to 
the  said  plaintiffs  that  sum  of  mone}%  or  any  part  thereof,  but 
refuse  so  to  do;  to  the  damage  of  the  said  plaintiffs  five  hun- 
dred dollars,  and  therefore  they  bring  their  suit,  etc. 


United-States  Attorney. 

Statement  of  dissatisfaction  of  a  Collector  of  Customs  with 
a  decision  of  the  board  of  general  appraisers,  and  ap- 
plication to  a  United  States  circuit  court  for  a  review 
of  the  same,  pursuant  to  Sec.  15  of  the  Act  of  June  10, 
1890,  (1  Supp.  E.  S.,  2d  Ed.,  751.) 

No.  654. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the  Term  in  the  year 

eighteen  hundred  and 


o 


of  J M.  C ,  Col- 
lector of  Customs  for  the 
Port  and  District  of  C , 


^  Gen.  No. 


from  a  decision  of  the  board 
of  United-States  general  ap- 
praisers at  New  York. 

J M.  C ,  Collector  of  Customs  of  the  United  States 

of  America  for  the  Port  and  District  of  C ,  by  T—    -  E. 

M ,  Attorney  of  the  said  United  States  for  the  District  of 

— ,  his  attorney,  complains  and  says,  that  he  is  dissatisfied 

with  a  certain  decision  (dated  the day  of ,  18 — ,  on 

Protest  No.  -  — ,)  of  the  board  of  general  appraisers  at  New 
York  as  provided  for  in  section  fourteen  of  the  act  of  Con- 
gress approved  June  10th,  1890,  entitled  "  An  act  to  simplify 
the  laws  in  relation  to  the  collection  of  the  revenues,"  the 
same  being  a  decision  as  to  the  construction  of  the  law  and 


CUSTOMS.  387 

the  facts  respecting  the  classification  of  certain  merchandise 
and  the  rate  of  duty  imposed  thereon  under  such  classifica- 
tion, that  is  to  say, —  certain — •—, imported, ex  vessel  "Celtic" 
at  said  Port  of  C—  -  and  entered  for  immediate  consumption 

(per  entry  No. ,)  on  the  -    -  day  of ,  18 — ,  by  L — 

H &  Company,  and  classified  by  this  complainant,  as 

such  Collector,  as ,  and  assessed  with  duties  accordingly 

at per  cent  ad  valorem,  on  the day  of ,  18 — , 

under  such  classification  and  under  paragraph  No.  -  -  (Sched- 
ule   )  of  the  act  of  Congress  approved  October  1st,  1890, 

entitled  "An  act  to  reduce  the  revenue  and  equalize  duties  on 
imports,  and  for  other  purposes  "/  and,  further,  that  the  fore- 
going matter  has  arisen  within  the  said  District  of :  And 

thereupon  this  complainant  makes  application  to  this  honor- 
able court  for  a  review  of  the  questions  of  law  and  fact  in- 
volved in  the  said  decision  of  the  said  board  of  general  ap- 
praisers, and  for  a  statement  of  the  errors  of  law  and  fact 
complained  of  assigns  the  following  — 

ERRORS  OF  LAW: 
i. 

The  said  board  erred  in  deciding  that  the  said  merchandise 
was  not  properly  classified  by  this  complainant,  as  such  Col- 
lector, as ,  and  that  the  ascertainment  and  liquidation  of 

the  duties  thereon  by  this  complainant  at  the  rate  of per 

centum  ad  valorem  as  aforesaid,  under  such  classification  and 
under  paragraph  No. of  the  last-mentioned  act  of  Con- 
gress, was  therefore  erroneous. 

ii. 

The  said  board  erred  in  not  deciding 

And  the  following  — 

ERRORS  OF  FACT: 

i. 
The  said  board  erred  in  deciding  that  the  said  merchandise 


was, 


In  consideration  whereof  this  complainant  prays  this  hon- 
orable court  to  order  the  said  board  of  general  appraisers  at 


388  FORMS   ADAPTED   TO   CIVIL   CASES. 

New  York  to  forthwith  return  to  this  court  the  record  of  fhe 
proceedings  heretofore  had  before  them,  respecting  the  mat- 
ters herein  complained  of,  and  the  evidence  taken  by  them 
concerning  the  same,  together  with  a  certified  statement  of 
the  facts  involved  in  the  case  and  their  decisions  thereon. 

J-    -  M.  C , 

Collector  of  Customs  for  the  Port  and  District  of , 

By  T-  -  E.  M , 

United-States  Attorney  for  the  District  of ,  his  attorney. 


INTERNAL  REVENUE. 


Information,1  on  Sec.  (3281,  R.  S.)  16  of  the  Act  of  Feb.  8, 
1875,  (1  Supp.  R.  S.,  2d  Ed.,  60,)  and  Sec.  3257,  R.  S., 
against  real  and  personal  property  seized  by  an  inter- 
nal-revenue officer,  as  being  property  of  distillers  car- 
rying on  business  with  intent  to  defraud  the  United 
States  of  the  tax. 

No.  655. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  . 

Of  the Term,  in  the  year  eighteen 

hundred  and . 

Northern  District  of ,  set. —  Be  it  remembered  that 

,  Attorney  of  the  United  States  of  America  for  the  North- 
ern District  of ,  who  for  the  said  United  States  in  this 

behalf  prosecutes,  comes  in  person  into  the  District  Court  of 
the  said  United  States  for  the  district  aforesaid,  on  this  — 

day  of ,  in  this  same  term,  and  for  the  said  United  States 

gives  the  court  here  to  understand  and  be  informed,  that  on 

the day  of ,  in  the  year  eighteen  hundred  and , 

at  the  city  of ,  in  the  Northern  District  aforesaid  and  the 

-  Collection-District  of ,  G A.  W ,  then  Col- 
lector of  Internal  Revenue  of  the  said  United  States  for  the 
collection-district  aforesaid,  did  seize  certain  real  property, 
that  is  to  say,  one  distillery-warehouse,  (being  the  warehouse  of 

Distillery  No. in  the  said  collection-district^)  and  certain 

personal  property,  that  is  to  say,  fifteen  hundred  and  fifty 
casks  of  distilled  spirits,  and  now  holds  the  same  in  his  cus- 
tody, within  the  judicial  and  collection  districts  aforesaid,  as 
forfeited  to  the  said  United  States  for  the  causes  following, 
to  wit: 

1.  For  that  before  and  at  the  time  of  the  said  seizure  one 

1  The  requirements  of  the  22d  Admiralty  Rule  (see  No.  630,  note  3,)  apply 
to  internal-revenue  cases.     Coffey  v.  U.  S.,  116  U.  S.  427. 


390  FORMS    ADAPTED   TO   CIVIL   CASES. 

P Z ,  one  H S and  one  J—  —  S were  seized 

in  fee  of  the  real  property  aforesaid,  the  same  before  and  at 
the  time  constituting  and  being  a  part  of  the  premises  of  the 
distillery  above  mentioned,  and  a  part  of  the  tract  of  land  on 
which  the  said  distillery  was  and  is  situated ;  and  at  the  time 
of  the  said  seizure  the  personal  property  aforesaid  was  found 
in  the  said  distillery-warehouse:  And  that  the  said  P— 

Z- ,  H—   -  S and  J—   -  S ,  before  and  at  the  time 

of  the  said  seizure,  at aforesaid,  in  the  districts  aforesaid, 

unlawfully  did  engage  in  and  carry  on  the  business  of  a  dis- 
tiller, at  the  distillery  aforesaid,  with  intent  to  defraud  the 
said  United  States  of  the  internal-revenue  tax  on  a  part  of  the 

spirits  there  distilled  by  them  the  said  P Z ,  II— 

S and  J—   -  S ;  contrary  to  the  form  of  the  statute 

of  the  said  United  States  in  such  case  made  and  provided. 

2.  And  for  that  before  and  at  the  time  of  the  said  seizure 
the  distillery  above  mentioned  (whereof  the  said  distillery- 
warehouse  was  and  is  a  part)  was  used  by  the  said  P 

Z ,  H—   -  S and  J—   -  S ,  who  before  and  at  that 

time  were  engaged  in  carrying  on  the  business  of  a  distiller 
at  the  said  distillery;  and  the  said  fifteen  hundred  and  fifty 
casks  of  distilled  spirits  so  seized  were  at  the  time  of  the  said 
seizure  found  on  the  premises  of  the  distillery  aforesaid :  And 
that  the  said  P Z ,  H S and  J S ,  be- 
fore and  at  the  time  of  the  said  seizure,  at aforesaid,  in 

the  districts  aforesaid,  so  being  engaged  in  carrying  on  the 
business  of  a  distiller,  unlawfully  did  defraud  and  attempt  to 
defraud  the  said  United  States  of  the  internal- revenue  tax  on 

a  part  of  the  spirits  distilled  by  them  the  said  P Z , 

H S —   -  and  J S—    -  at  the  distillery  aforesaid,  by 

taking  and  causing  to  be  taken  from  the  cisterns  of  the  said 
distillery  distilled  spirits  whereon  the  tax  aforesaid  had  not 
been  paid,  and  refilling  and  causing  to  be  refilled  with  the 
same  distilled  spirits  partly  empty  casks  of  distilled  spirits 
already  in  the  said  distillery-warehouse,  and  by  divers  other 
fraudulent  means  and  devices  to  the  said  Attorney  as  yet  un- 
known ;  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  the  said  property  became  and  is  forfeited  to  the 


INTERNAL   EE VENUE.  891 

said  United  States :  Wherefore  the  said  Attorney  of  the  said 
United  States,  who  prosecutes  as  aforesaid,  for  the  said  United 
States  prays  that  due  process  of  law  may  be  awarded  in  this 
behalf  to  enforce  such  forfeiture  of  the  said  property  so  seized 
as  aforesaid,  and  to  give  notice  to  all  persons  concerned  to 
appear  on  the  return-day  of  such  process,  and  show  cause,  if 
any  they  have,  why  such  forfeiture  should  not  be  adjudged. 


United-States  Attorney. 

Consent  fixing  value. 

No.  656. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 


The  United  States,  etc.,       "|   No. . 

vs.  j-  Information. 

One  Distillery-  Warehouse,  etc.  J  The  parties  informant  and 
claimant  in  this  cause  hereby  consent  and  agree,  that  for  the 
purpose  of  fixing  the  amount  of  the  bond  to  be  given  in  this 
behalf,  the  value  of  the  real  and  personal  property  seized  be 
fixed  at  twenty-eight  thousand  dollars,  without  appraisement. 


U.  S.  Attorney. 


Attorney  for  claimants. 

Order  of  court  for  delivery  on  bond ,  of  property  seized;  and 
approving  bond  for  costs  and  bond  on  delivery. 

No.  657. 

On  this  day  come  P Z ,  H S and  J 

S ,  by  J S.  L ,  their  attorney,  and  present  and 

file  their  claim  and  petition  in  writing,  alleging  themselves  to 
be  the  owners  of  the  real  and  personal  property  whereof 
seizure  was  heretofore  made,  as  set  forth  in  the  information 
herein,  and  praying  a  delivery  of  the  same  property  to  them 
on  bond;  the  District  Attorney  also  appearing  on  the  part  of 


392  FORMS    ADAPTED   TO   CIVH.   CASES. 

the  said  United  States;  and  the  said  claimants  also  present 
and  .file  their  bond  for  costs  in  this  behalf,  with  -  -  and 

-  as  sureties,  which  bond  is  by  the  court  approved. 
And  the  court  being  now  fully  advised  in  the  premises,  and 
the  value  of  the  real  and  personal  property  aforesaid  having 
been  fixed  by  consent  in  writing,  filed  herein,  at  twenty-eight 
thousand  dollars,  without  appraisement, —  it  is  ordered  by  the 
court  that  the  Marshal  deliver  to  the  said  claimants  the  said 
real  and  personal  property,  described  in  the  writ  of  attach- 
ment and  monition  herein  now  in  his  hands,  (subject  to  the 
rights  and  powers  of  the  internal-revenue  officers  in  and  over 
distilleries,  distillery-warehouses,  and  the  contents  of  the 
same,)  upon  the  said  claimants'  giving  their  bond  therefor, 
pursuant  to  law  and  the  rules  and  practice  of  the  court,  in  the 
sum  of  fifty-six  thousand  dollars,  with  good  and  sufficient 
sureties.  And  thereupon  the  said  claimants  present  their 
bond  for  that  purpose,  in  the  sum  above  mentioned,  with  the 
said and  -  -  as  sureties ;  which  bond  is  ap- 

proved by  the  court,  and  ordered  to  be  filed. 

Information,  on  Sec.  (3281,  B.  $.,)  16  of  the  Act  of  Feb.  8, 
1875,  (1  Supp.  R.  S.,  2d  Ed.,  60,)  and  Sees.  3257  and 
3453,  R.  S.,  against  real  and  personal  property,  seized 
by  an  internal-revenue  officer,  as  being  the  property 
and  apparatus  of  a  distilling  company  carrying  on  busi- 
ness with  intent  to  defraud,  and  which  had  defrauded, 
the  United  States  of  taxes,  and  as  being  property  and 
raw  material  found  on  the  premises  of  that  company, 
and  intended  to  be  manufactured  into  taxable  articles 
and  sold  in  fraud  of  the  revenue. 

No.  658. 

LN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the  -     -  Term,  in  the  year  eighteen 

hundred  and  ninety . 

Northern  District  of  -    — ,  set. —  Be  it  remembered,  that 
-,  Attorney  of  the  United  States  of  America  for  the 


Northern  District  of ,  who  for  the  said  United  States  in 


INTERNAL   BEVENUE.  393 

this  behalf  prosecutes,  comes  in  person  into  the  District  Court 

of  the  said  United  States  for  the  district  aforesaid,  on  this 

-  day  of  -  — ,  in  this  same  term,  and  for  the  said  United 

States  gives  the  court  here  to  understand  and  be  informed, 

that  on  the day  of ,  in  the  year  eighteen  hundred 

and ,  at  the  city  of ,  in  the  Northern  District  afore- 
said and  the Collection-District  of ,  M C.  S , 

then  a  Deputy  Collector  of  Internal  Revenue  of  the  said  United 
States  for  the  collection-district  aforesaid,  did  seize  certain 
property,  that  is  to  say,  Jive  certain  parcels  of  land,  with  the 
distillery  and  its  appurtenances  situate  thereon,  the  said  par- 
cels of  land  lying  in  the  said  city  of -,  and  being  designated 

and  described  as  follows,  to  wit :  [here  insert  a  legal  description 
of  the  real  estate']. 

(The  real  property  so  seized  by  the  said  Deputy  Collector 
being  the  premises  known  as  the  distillery-premises  of  the 
/—  —  Distilling  Company:) 

And  also  certain  personal  property,  that  is  to  say :  [insert 
a  list  of  the  personal  property] : 

Which  said  real  and  personal  property  the  said  Deputy 
Collector  now  holds  in  his  custody,  within  the  judicial  and 
collection  districts  aforesaid,  as  forfeited  to  the  said  United 
States  for  the  causes  following,  to  wit : 

For  that  before  and  at  the  time  of  the  seizure  of  the  said 
real  and  personal  property  as  aforesaid,  the  I- Distill- 
ing Company  (a  corporation  under  that  name)  was  seized  in 
its  demesne  as  of  fee  of  the  parcels  of  land  above  described,  on 
which  said  parcels  of  land  a  certain  distillery  of  the  said  com- 
pany, to  wit,  the  distiller}7  above  mentioned,  was  then  situate; 
and  at  the  time  of  the  said  seizure  the  distilled  spirits  and 
other  personal  property  aforesaid  were  found  in  the  said  dis- 
tillery, and  in  certain  buildings,  rooms,  yards  and  inclosures 
connected  therewith  and  used  with  and  constituting  a  part  of 

the  premises  thereof,  to  wit,  at aforesaid,  in  the  districts 

aforesaid;  and  that  the  said  / Distilling  Company,  be- 
fore and  at  the  time  of  the  seizure  of  the  said  real  and  per- 
sonal property  as  aforesaid,  at aforesaid,  in  the  districts 

aforesaid,  unlawfully  did  engage  in  and  carry  on  the  business 
of  a  distiller,  at  the  distillery  aforesaid,  with  intent  to  defraud 
the  said  United  States  of  the  internal-revenue  tax  on  the 


394  FORMS    ADAPTED   TO   CIVIL   OASES. 

spirits  there  distilled  by  the  said  company, —  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case 
made  and  provided. 

And  for  that  at  the  time  of  the  seizure  of  the  said  real  and 
personal  property  as  aforesaid,  the  corn,  oats,  rye,  barley,  malt, 
molasses,  coal  and  charcoal  above  mentioned  were  raw  mate- 
rials for  the  production  of  distilled  spirits;  and  the  other  per- 
sonal property  so  seized,  except  the  distilled  spirits  seized  as 
aforesaid,  was  before  and  at  that  time  distilling-apparatus  used 

by  the  said  1 Distilling  Company  (a  corporation  under 

that  name  as  aforesaid)  at  the  distillery  above  mentioned ;  and 
all  the  said  personal  property  so  seized  was  at  the  time  of  the 
said  seizure  found  in  the  said  distillery  and  on  the  premises 
thereof;  and  the  said  distillery  was  before  and  at  the  time  of 

the  said  seizure  used  by  the  said  / Distilling  Company; 

and  that  the  said  1 Distilling  Company,  at  the  time  of  the 

said  seizure,  and  long  before,  to  wit,  for  one  year  before  that 
time,  was  engaged  in  carrying  on  the  business  of  a  distiller, 
at  the  distillery  aforesaid,  to  wit,  at  -  -  aforesaid,  in  the  dis- 
tricts aforesaid,  and  then  and  there  unlawfully  did  defraud  and 
attempt  to  defraud  the  said  United  States  of  the  internal-rev- 
enue tax  on  the  spirits  distilled  by  the  said  company  at  the 
said  distillery, —  contrary  to  the  form  of  the  statute  of  the 
said  United  States  in  such  case  made  and  provided. 

And  for  that  at  the  time  of  the  seizure  of  the  said  property 

as  aforesaid,  at aforesaid,  in  the  districts  aforesaid,  the 

distilled  spirits  above  mentioned,  the  same  being  then  and 
there  goods  upon  which  taxes  were  imposed  under  the  internal- 
revenue  laws  of  the  said  United  States,  were  found  in  the 
possession  and  custody  and  within  the  control  of  the  said 
1—  -  Distilling  Company  (a  corporation  under  that  name  as 
aforesaid),  for  the  purpose  of  being  sold  and  removed  by  the 
said  company  in  fraud  of  the  said  internal-revenue  laws,  and 
with  design  to  avoid  the  payment  of  the  said  taxes;  and  the 

said  corn, were  then  and  there  raw  materials  found 

in  the  possession  of  the  said  company,  which  then  and  there 
intended  to  manufacture  the  same  into  articles  ofva  kind  then 
subject  to  tax  under  the  said  internal-revenue  laws,  to  wit,  dis- 
tilled spirits,  for  the  purpose  of  fraudulently  selling  the  dis- 
tilled spirits  which  should  be  so  manufactured,  and  with 


INTERNAL   EEVENUK.  395 

design  to  evade  the  payment  of  the  said  tax  on  such  distilled 
spirits;  and  the  other  personal  property  above  mentioned, 
besides  the  said  distilled  spirits  so  seized  and  the  raw  mate- 
rials last  aforesaid,  was  at  the  time  of  the  said  seizure  thereof 
in  the  place  and  building  and  within  a  certain  yard  and  in- 
closure  where  the  said  distilled  spirits  so  seized  and  the  raw 
materials  last  aforesaid  were  then  found,  to  wit,  at afore- 
said, in  the  districts  aforesaid:  Whereby,  and  by  force  of  the 
statute  in  such  case  made  and  provided,  all  the  said  personal 
property  so  seized  by  the  said  Deputy  Collector  became  and 
is  forfeited  to  the  said  United  States. 

And  for  that  before  and  at  the  time  of  the  seizure  of  the 

said  real  and  personal  property  as  aforesaid,  E F.  L , 

J M.  B and  H A.  B ,  late  of aforesaid, 

were  the  equitable  owners  in  fee  of  the  above-mentioned  par- 
cels of  land,  whereon  the  distillery  aforesaid  was  then  situate  ; 
and  at  the  time  of  the  said  seizure  the  said  distilled  spirits  and 
other  personal  property  so  seized  as  aforesaid  wera  found  in 
the  said  distillery,  and  in  certain  rooms,  yards  and  inclosures 
connected  therewith  and  used  with  and  constituting  a  part 
of  the  premises  thereof,  to  wit,  at aforesaid,  in  the  dis- 
tricts aforesaid ;  and  that  the  said  E F.  L ,  J M. 

B and  H A.  B ,  (under  the  name  and  style  of  the 

I—  -  Distilling  Company?)  at  the  time  of  the  said  seizure  of 
the  said  real  and  personal  property  as  aforesaid,  and  long  be- 
fore, to  wit,  for  one  year  before  that  time,  at aforesaid, 

in  the  districts  aforesaid,  unlawfully  did  engage  in  and  carry 
on  the  business  of  a  distiller,  at  the  distillery  aforesaid,  with 
intent  to  defraud  the  said  United  States  of  the  internal-rev- 
enue tax  on  the  spirits  there  distilled  by  them  the  said  E — 

F.  L ,  J M.  B and  H A.  B ,  — contrary 

to  the  form  of  the  statute  of  the  said  United  States  in  such 
case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  the  said  property  became  and  is  forfeited  to  the 
said  United  States:  Wherefore  the  said  Attorney  of  the  said 
United  States,  who  prosecutes  as  aforesaid,  for  the  said 
United  States  prays  that  due  process  of  law  may  be  awarded 
in  this  behalf  to  enforce  such  forfeiture  of  the  said  property 
so  seized  as  aforesaid,  and  to  give  notice  to  all  persons  con. 


396  "    FORMS   ADAPTED   TO   CIVIL   CASES. 

cerned  to  appear  on  the  return-day  of  such  process,  and  show 
cause,  if  any  they  have,  why  such  forfeiture  should  not  be 

adjudged.  , 

United-States  Attorney. 


Consent  fixing  value  of  certain  personal  property. 

No.  659. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF „ 

The  United  States,  etc.  -XT     

VS 

}•    Information. 
The    I Distilling    Com- 
pany's Distillery,  etc.         J     The  parties  informant  and 
claimant  in  this  cause  hereby  consent  that  the  value  of  the 
personal  property  which  the  said  claimant,  by  its  petition  in 
that  behalf,  has  prayed  to  be  delivered  to  it  on  bond,  be  fixed 
as  follows,  without  appraisement : 

10  tons  of  hard  coal,  at  $4  per  ton $40.00 

600  bushels  of  spoiled  corn,  at  25  cents  per  bushel 100.00 

$140.00 
Dated,  Chicago,  July  12th,  189-. 


U.  S.  Attorney. 


Attorneys  for  claimant. 

Information,  on  Sec.  (3281,  R.  S.,)  16  of  the  Act  of  Feb.  8, 
1875,  and  Sec.  3257,  B.  S.,  against  property  seized,  on 
the  premises  of  one  carrying  on  the  business  of  a  dis- 
tiller with  intent  to  defraud,  and  who  had  defrauded, 
the  United  States  of  the  tax  on  spirits  distilled  by  him. 

No.  660. 

1 did  seize  certain  property,  that  is  to  say,  thirty  la-rreU 

of  distilled  spirits,  and  now  holds  the  same  in  his  custody, 
within  the  judicial  and  collection  districts  aforesaid,  as  for- 

1  Begin  as  in  No.  655,  ante. 


INTERNAL   REVENUE.  397 

feited  to  the  said  United  States  for  the  causes  following,  to 
wit: 

For  that  the  said  distilled  spirits,  at  the  time  of  the  seizure 

thereof  as  aforesaid,  were  owned  by  ono  W R  B ,  late 

of aforesaid ;  and  that  the  said  W K.  B ,  before 

and  at  the  time  of  the  seizure  of  the  said  property  as  aforesaid, 
at aforesaid,  in  the  districts  aforesaid,  unlawfully  did  en- 
gage in  and  carry  on  the  business  of  a  distiller,  with  intent  to 
defraud  the  said  United  States  of  the  internal-revenue  tax  on 
the  spirits  distilled  by  him, — contrary  to  the  form  of  the  statute 
of  the  said  United  States  in  such  case  made  and  provided. 

And  for  that  the  said  property,  at  the  time  of  the  seizure  of 
the  same  as  aforesaid,  was  found  in  a  certain  distillery,  and 
in  certain  buildings,  rooms,  yards  and  inclosures  connected 
therewith  and  used  with  and  constituting  a  part  of  the  prem- 
ises thereof,  to  wit,  at aforesaid,  in  the  districts  afore- 
said ;  and  that  the  said  W R.  B ,  at  the  time  of  the 

said  seizure,  and  long  before,  to  wit,  for  one  year  before  that 

time,  at aforesaid,  in  the  districts  aforesaid,  unlawfully  did 

engage  in  and  carry  on  the  business  of  a  distiller,  at  the  distil- 
lery aforesaid,  with  intent  to  defraud  the  said  United  States  of 
a  part  of  the  internal-revenue  tax  on  the  spirits  there  distilled 

by  him  the  said  W R.  B ,  contrar}7  to  the  form  of  the 

statute  of  the  said  United  States  in  such  case  made  and  provided. 

And  for  that  the  said  distilled  spirits  so  seized  as  aforesaid, 
at  the  time  of  the  said  seizure  thereof,  were  found  in  a  certain 
distillery  and  on  the  premises  thereof,  situate  in afore- 
said, in  the  districts  aforesaid;  and  that  the  said  W R. 

B ,  before  and  at  the  time  of  the  said  seizure,  was  engaged 

in  carrying  on  the  business  of  a  distiller,  at  the  distillery  afore- 
said, to  wit,  in  the  city  and  districts  aforesaid,  and  then  and 
there  unlawfully  did  defraud 2  and  attempt  to  defraud  the 
said  United  States  of  the  internal-revenue  tax  on  a  part  of  the 

spirits  distilled  by  him  the  said  "W R.  B at  the  said 

distillery, —  contrary  to  the  form  of  the  statute  of  the  said 
United  States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.3 

2  The  means  need  not  be  set  forth.     Coffey  v.  U,  S.,  116  U.  S.  427. 

3  Conclude  as  in  No.  655,  ante. 


398  FORMS    ADAPTED   TO   CIVIL   CASES. 

Entry  of  appearance  of  claimant .  by  attorney. 

No.  661. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States,  etc.,  1  No. . 


vs.  J.  Information. 

Thirty  Barrels  of  Distilled  Spirits,  j  Please  enter  our  appe.n  r- 

ance  as  the  attorneys  for  "W R.  B ,  the  claimant  of 

the  property  described  in  the  information  in  this  behalf. 
Dated  June  25th,  189-.  — , 

To ,  Esq.,  Attorneys  for  claimant. 

Clerk,  etc. 


Claim  of  claimant.1 

No.  662. 

[Title  as  in  No.  661.']  And  now  W-  -  R.  B ,  inter- 
vening for  the  interest  of  himself  in  the  thirty  barrels  of  dis- 
tilled spirits  in  the  information  in  this  behalf  mentioned, 
appears  before  the  honorable  court,  and  makes  claim  to  the 
said  thirty  barrels  of  distilled  spirits,  as  the  same  are  attached 
by  the  Marshal,  under  the  process  of  this  court,  at  the  instance 

of  the  United  States  of  America :   And  the  said  W R. 

B avers  that  he  is  the  true  and  bona  fide  owner  of  the 

said  thirty  barrels  of  distilled  spirits,  and  that  no  other  person 
is  the  owner  of  the  same:  "Wherefore  he  prays  leave  to  defend 
accordingly.  W R  B . 

Sworn  and  subscribed  this da}T  of ,  189 — ,  before 

me,  , 

U.  S.  Commissioner. 


Attys.  for  claimant 


i  See  the  26th  Admiralty  Rule.    Also  U.  &  v.  4St  Casks  o/  Wine,  1  Pet 
547. 


INTERNAL   REVENUE.  399 

Petition  of  claimant  for  delivery  of  property  on  bond. 

No.  663. 

To  the  Honorable ,  Judge  of  the  District  Court  of 

the  United  States  of  America  for  the  District  of : 

The  petition  of  "W R.  B respectfully  shows,  that 

he  is  the  owner  of  thirty  barrels  of  distilled  spirits,  lately 
seized  by  the  Collector  of  Internal  Revenue  of  the  said  United 

States  for  the Collection-District  of ,  and  now  in  the 

custody  of  the  Marshal  of  the  District  of ,  by  virtue  of  a 

process  issued  from  the  District  Court  of  the  said  United 
States  for  the  same  district. 

And  your  petitioner  now  prays  your  Honor  to  order  the 
said  thirty  barrels  of  distilled  spirits  to  be  delivered  to  him, 
upon  his  executing  a  bond  to  the  said  United  States,  with 
sureties,  according  to  the  statute  in  such  case  made  and  pro- 
vided. W R.  B . 


Attys.  for  claimant. 

Information,  on  Sec.  3258,  R.  S.,  Sec.  (3281,  R.  S.,)  16  of 
the  Act  of  Feb.  8, 1875,  (1  Supp.  R.  S.,  2d  Ed.,  60,)  and 
Sec.  3453,  R.  S.,  against  property  seized  for  being  under 
the  control  of  one  who  had  a  still  and  distilling- 
apparatus  set  up,  but  not  registered,  in  the  building 
where  it  was  found ;  and  as  being  property  there  of  one 
carrying  on  the  business  of  a  distiller  without  having 
given  bond,  and  with  intent  to  defraud  the  United 
States  of  the  tax;  and  as  being  property  found  in  a 
building  permitted  to  be  used  for  purposes  of  ingress 
and  egress  to  an  illicit  distillery;  and  as  being  raw  ma- 
terials intended  to  be  manufactured  into  articles  sub- 
ject to,  and  sold  with  a  design  to  evade,  internal-rev- 
enue tax. 

No.  664. 

1 did  seize  certain  property,  that  is  to  say,  [set  out  a  list 

of  the  property,]  and  now  holds  the  same  in  his  custody,  within 

i  Begin  as  in  No.  658,  ante. 


400  FORMS    ADAPTED    TO   CIVIL   CASES. 

the  judicial  and  collection  districts  aforesaid,  as  forfeited  to 
the  said  United  States  for  the  causes  following,  to  wit: 

For  that  one  C H.  T ,  before  and  at  the  time  of  the 

seizure  of  the  said  property  as  aforesaid,  in  the  city  and  dis- 
tricts aforesaid,  did  have  in  his  possession  and  custody,  and 
under  his  control,  a  certain  still  set  up;  and  the  said  property 
so  seized  was  at  the  time  of  the  said  seizure  personal  property 
in  the  possession  and  custody,  and  under  the  control,  of  the 

said  C—  -  H.  T ,  and  found  in  the  building  in  which  the 

said  still  was  so  set  up:  and  the  said  still  so  set  up  had  not 

then  been  registered  by  the  said  C II.  T ,  or  any  other 

person  or  persons,  with  the  Collector  of  Internal  Revenue  for 
the  said  collection-district,  by  subscribing  and  filing  with  him 
duplicate  statements  in  writing,  setting  forth  the  particular 
place  where  the  said  still  was  so  set  up,  the  kind  of  still  and 
its  cubic  contents,  the  owner  thereof,  his  place  of  residence, 
and  the  purpose  for  which  the  same  still  had  been  or  was  in- 
tended to  be  used ;  contrary  to  the  form  of  the  statute  of  the 
said  United  States  in  such  case  made  and  provided. 

And  for  that  the  said  C II.  T ,  before  and  at  the 

time  of  the  said  seizure  of  the  said  property,  in  the  city  and 
districts  aforesaid,  did  have  in  his  possession  and  custody,  and 
under  his  control,  a  certain  distilling-apparatus  setup;  and 
the  said  property  so  seized  was  at  the  time  of  the  said  seizure 
personal  property  in  the  possession  and  custody,  and  under 

the  control,  of  the  said  C—  -  H.  T ,  and  found  in  the 

building  in  which  the  said  distilling-apparatus  was  so  set  up: 
and  the  said  distilling-apparatus  had  not  then  been  registered 

by  the  said  C II.  T ,  or  any  other  person  or  persons,  with 

the  Collector  of  Internal  Revenue  for  the  said  collection-dis- 
trict, by  subscribing  and  filing  with  him  duplicate  statements 
in  writing,  setting  forth  the  particular  place  where  the  said 
distilling-apparatus  was  so  set  up,  the  kind  of  still  and  its 
cubic  contents,  the  owner  thereof,  his  place  of  residence,  and 
the  purpose  for  which  the  said  distilling-apparatus  had  been 
or  was  intended  to  be  used;  contrary  to  the  form  of  the  stat- 
ute of  the  said  United  States  in  such  case  made  and  provided. 

And  for  that  the  said  property  so  seized,  at  the  time  of  the 
said  seizure,  in  the  city  and  districts  aforesaid,  was  personal 
property  found  in  a  certain  distillery  there  situate,  and  in  a 


INTERNAL    REVENUE.  401 

certain  building  and  rooms  connected  therewith  and  used 
with  and  constituting  a  part  of  the  premises:  and  the  said 

C II.  T ,  before  and  at  the  time  of  the  said  seizure,  in 

the  city  and  districts  aforesaid,  unlawfully  did  carry  on  the 
business  of  a  distiller,  at  the  same  distillery,  without  having 
given  bond  as  required  by  law ;  contrary  to  the  form  of  the 
statute  of  the  said  United  States  in  such  case  made  and  pro- 
vided. 

And  for  that  the  said  property  so  seized,  at  the  time  of  the 
said  seizure,  in  the  city  and  districts  aforesaid,  was  personal 
property  found  in  a  certain  distillery  there  situate,  and  in  a 
certain  building  and  rooms  connected  therewith  and  used  with 
and  constituting  a  part  of  the  premises:  and  some  person  or 
persons  to  the  said  Attorney  unknown,  before  and  at  the  time 
of  the  said  seizure,  in  the  city  and  districts  aforesaid,  unlaw- 
fully did  carry  on  the  business  of  a  distiller,  at  the  distillery 
last  aforesaid,  without  having  given  bond  as  required  by  law, 
and  with  intent  to  defraud  the  said  United  States  of  the  tax 
on  the  spirits  distilled  by  the  said  person  or  persons  unknown ; 
contrary  to  the  form  of  the  statute  of  the  said  United  States 
in  such  case  made  and  provided. 

And  for  that  the  said  property  so  seized,  at  the  time  of  the 
said  seizure,  was  personal  property  in  possession  of  the  said 

C H.  T ,  and  found  in  a  certain  building  there  situate, 

to  wit,  in  the  city  and  districts  aforesaid;  which  last-men- 
tioned building  the  said  C H.  T ,  before  and  at  the 

time  of  the  said  seizure,  there  permitted  and  suffered  to  be 
used,  by  some  person  or  persons  to  the  said  Attorney  un- 
known, for  purposes  of  ingress  to  and  egress  from  a  certain 
distillery  there  situate:  and  the  last-mentioned  person  or  per- 
sons unknown,  before  and  at  the  time  of  the  said  seizure,  in 
the  city  and  districts  aforesaid,  unlawfully  did  engage  in  and 
carry  on  the  business  of  a  distiller,  at  the  distillery  last  afore- 
said, without  having  given  bond  as  required  by  law,  and  with 
intent  to  defraud  the  said  United  States  of  the  internal-rev- 
enue  tax  on  the  spirits  distilled  by  the  same  person  or  persons 
unknown;  contrary  to  the  form  of  the  statute  of  the  said 
United  States  in  such  case  made  and  provided. 

And  for  that  the  said  molasses-mash  so  seized  as  aforesaid, 
at  the  time  of  the  said  seizure,  was  raw  material  found  in  the 
26 


402  FORMS    ADAPTED   TO   CIVIL   CASES. 

possession  of  the  said  C- H.  T ,  to  wit,  in  the  city  and 

districts  aforesaid,  in  a  certain  building  there  situate;  he  the 
said  C—  -  II.  T—  -  then  and  there  intending  to  manufacture 
the  said  molasses-mash  into  articles  of  a  kind  then  subject  to 
internal-revenue  tax,  to  wit,  distilled  spirits,  for  the  purpose 
of  fraudulently  selling  such  distilled  spirits  which  should  be 
so  manufactured,  and  with  design  to  evade  the  payment  of 
the  said  tax  on  the  same, —  contrary  to  the  form  of  the  stat- 
ute of  the  said  United  States  in  such  case  made  and  provided : 
and  the  other  property  so  seized  as  aforesaid  was  then  and 
there  personal  property  in  the  same  building  where  the  said 
raw  material  was  so  found. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.1 

Information,  on  Sec.  16,  Act  of  Feb.  8,  1875,  (1  Supp.  R. 
S.,  2d  Ed.,  60,)  on  seizure  of  distilled  spirits  and  per- 
sonal property  owned  by,  and  found  in  rectifying-estab- 
lishment  of,  persons  carrying  on  business  of  a  rectifier 
without  paying  special  tax. 

No.  665. 

* did  seize  certain  property,  that  is  to  say, ,  and 

now  holds  the  same  in  his  custody,  within  the  judicial  and 
collection  districts  aforesaid,  as  forfeited  to  the  said  United 
States  for  the  causes  following,  to  wit: 

1.  For  that  the  said  property  so  seized  as  aforesaid,  before 
and  at  the  time  of  the  said  seizure  thereof,  was  distilled  spirits 

owned  by  one  G S.  C ,  one  J J.  G and  one 

J 8.  C ;  and  the  said  G S.  C ,  J J.  G- 

and  J S.  C ,  before  and  at  the  time  of  the  said  seizure, 

in  the  city  and  districts  aforesaid,  unlawfully  did  carry  on  the 
business  of  a  rectifier  of  distilled  spirits,  without  having  paid 
the  special  tax  therefor  as  required  by  law, —  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case  made 
and  provided. 

2.  And  for  that  before  and  at  the  time  of  thevsaid  seizure 

1  Conclude  as  in  No.  655,  ante. 
1  Begin  as  in  No.  655,  ante. 


INTERNAL    REVENUE.  403 

the  said  property  so  seized  was  distilled  spirits  and  personal 
property  found  in  a  certain  rectifying-establishment,  and  in 
certain  buildings,  rooms,  yards  and  enclosures  connected  there- 
with and  used  with  and  constituting  a  part  of  the  premises, 
the  same  being  situate  in  the  city  and  districts  aforesaid;  and 

the  said  G S.  C ,  J J.  G and  J S.  C , 

before  and  at  the  time  of  the  said  seizure,  within  the  city  and 
districts  aforesaid,  in  the  rectif}ring-establishment  aforesaid, 
unlawfully  did  carry  on  the  business  of  a  rectifier  of  distilled 
spirits,  without  having  paid  the  special  tax  therefor  as  re- 
quired by  law, — contrary  to  the  form  of  the  statute  of  the 
said  United  States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  etc.3 


Information,  on  Sees.  3340  and  3354,  R.  S.,  against  per- 
sonal property  seized,  some  for  being  used  by  a  brewer 
who  evaded  the  internal-revenue  tax,  and  neglected  to 
keep  books  and  make  reports ;  and  some  for  being  used 
by  him  in  carrying  on  the  business  of  bottling  fer- 
mented liquors  upon  premises  communicating  with  a 
brewery,  and  because  he  withdrew  such  liquors  from 
unstamped  packages. 

No.  666. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the Term,  in  the  year 

eighteen  hundred  and . 

Northern  District  of 


Northern  Division,        J  set. —  Be     it     remembered    that 

"W G.  E ,  Attorney  of  the  United  States  of  America 

for  the  Northern  District  of  ,  who  for  the  said  United 

States  in  this  behalf  prosecutes,  comes  in  person  into  the  Dis- 
trict Court  of  the  said  United  States  for  the  district  aforesaid, 

at  the  city  of ,  on  this day  of ,  in  this  same  term, 

and  for  the  said  United  States  gives  the  court  here  to  under- 

*  Conclude  as  in  No.  655,  ante. 


404  FORMS    ADAPTED   TO   CIVIL   CASES. 

stand  and  be  informed,  that  on  the  -    -  day  of  ,  in  tho 

year  eighteen  hundred  and  -  — ,  on  land,  at  the  said  city  of 
— ,  in  the  Northern  District  aforesaid  and  the  First  Collec- 
tion-District of ,  Rensmlatr  Stone,  then  Collector  of  In- 
ternal Revenue  of  the  said  United  States  for  the  collection- 
district  aforesaid,  did  seize  certain  property,  that  is  to  say, 

Firstly  — 

1  copper  kettle, 

1  copper  pump,  and  20  feet  of  copper  pipe, 

9  icooden  fermenting  tubs,  contents  7  barrels  of  ireiss-beer  each, 
11  half-barrels  of  porter,  (spoiled;)  anil 
Secondly  — 

2  double  delivery-wagons, 
£  sets  of  double  harness, 
1  corking-machine, 

1  bale  of  corks,  (about  IS  gross,) 
620  empty  pint  bottles,  and 
1  tin  funnel: 

All  of  which  said  property  so  seized  the  said  Collector  now 
holds  in  his  custody,  within  the  judicial  and  collection  dis- 
tricts aforesaid,  as  forfeited  to  the  said  United  States  for  the 
causes  following,  to  wit: 

1.  For  that  one  A F •  ,  at  the  time  of  the  said  seizure, 

and  for  more  than  three  months  next  before  that  time,  within 
the  city  and  districts  aforesaid,  was  the  owner  and  occupant 
of  a  certain  brewery  there  situate,  and  was  engaged  in  the 
making  of  fermented  liquors  at  the  same  brewery;  and  the 
goods  and  chattels  firstly  above  mentioned  were  and  are  re- 
spectively liquors  there  made  by  and  for  the  said  A F , 

and  vessels,  utensils  and  apparatus  there  used  in  making  the 

same:  And  the  said  A—   -  F ,  during  and  within  a  period 

of  more  than  three  months  next  before  the  time  of  the  said 
seizure,  in  the  city  and  districts  aforesaid,  unlawfully  did 
fraudulently  neglect  and  refuse  to  keep  truly  and  exactly 
the  books  by  law  required  to  be  kept  by  him,  and  to  make 
truly  and  exactly  the  reports  by  law  required  to  be  made  by 
him,  as  such  owner  and  occupant  of  a  brewery,  and  to  make 
true  and  exact  entry  and  report,  as  required  by  law,  of  and 
concerning  the  fermented  liquors  produced  by  him  the  said 

A—    -  F at  the  same  brewery,  and  of  the  materials  by 

him  purchased  for  that  purpose;  and  within  the  period  afore- 


INTERNAL    REVENUE.  405 

said,  in  the  city  and  districts  aforesaid,  unlawfully  did  evade, 
and  attempt  to  evade,  the  payment  of  the  internal-revenue 
tax  on  the  same  fermented  liquors,  by  so  fraudulently  neg- 
lecting and  refusing  to  keep  books,  and  make  reports,  and 
entry  and  report,  as  aforesaid,  and  by  removing  from  the  said 
brewery  and  disposing  of  divers  large  quantities  of  the  same 
fermented  liquors  without  payment  of  the  said  tax  thereon, 
and  in  vessels  upon  which  the  internal-revenue  stamps  re- 
quired by  law  had  not  been  previously  affixed  respectively, 
and  in  vessels  upon  which  fraudulent  and  re-used  internal- 
revenue  stamps  were  affixed  respectively;  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case 
made  and  provided. 

2.  And  for  that  the  said  A—  -  F ,  at  the  time  of  the 

said  seizure,  and  for  more  than  three  months  next  before  that 
time,  within  the  city  and  districts  aforesaid,  was  engaged  in 
and  carried  on  the  business  of  bottling  fermented  liquor,  to 
wit,  beer  and  porter,  and  the  goods  and  chattels  secondly 
above  mentioned  were  and  are  property  used  by  the  said 

A F in  so  bottling,  and  in  the  said  business  of  bottling, 

fermented  liquor  as  aforesaid:  And  the  said  A F , 

during  and  within  a  period  of  more  than  three  months  next 
before  the  time  of  the  said  seizure,  in  the  city  and  districts 
aforesaid,  unlawfully  did  withdraw  such  fermented  liquor,  to 
wit,  beer  and  porter,  for  the  purpose  of  bottling  the  same  as 
aforesaid,  from  divers  barrels  and  half-barrels  and  other  ves- 
sels upon  which  had  not  been  previously  affixed  respectively 
the  proper  stamps  for  denoting  the  internal-revenue  tax  on 

fermented  liquors;  and  the  said  A F ,  during  and 

within  that  period,  there  unlawfully  did  carry  on  the  said 
business  of  bottling  fermented  liquor  as  aforesaid  upon  cer- 
tain premises  having  communication  with  a  brewery,  to  wit, 

a  certain  brewery  of  him  the  said  A —  -  F ;  contrary  to 

the  form  of  the  statute  of  the  said  United  States  in  such  case 
made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  the  said  property  became  and  is  forfeited  to  the 
said  United  States:  Wherefore  the  said  Attorney  of  the  said 
United  States,  who  prosecutes  as  aforesaid,  for  the  said  United 
States  prays  that  due  process  of  law  may  be  awarded  in  this 


4:06  FORMS    ADAPTED   TO   CIVIL    CASES. 

behalf  to  enforce  such  forfeiture  of  the  said  property  so  seized 
as  aforesaid,  and  to  give  notice  to  all  persons  concerned  to 
appear  on  the  return-day  of  such  process,  and  show  cause,  if 
anv  they  have,  why  such  forfeiture  should  not  be  adjudged. 

W G.  E— -, 

United-States  Attorney. 


Attachment  and  monition,  issued  in  accordance  with  the 
prayer  in  the  foregoing  information. 

No.  667. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To  the  Marshal  of  the  Northern  District  of ,  —  Greeting: 

Whereas  an  information  has  been  filed  in  the  District  Court 
of  the  said  United  States  for  the  said  Northern  District  of 
,  on  the day  of  -  — ,  in  the  year  of  our  Lord  eight- 
een hundred  and ,  by  W G.  E ,  United  States 

Attorney  for  the  said  district,  on  behalf  of  the  said  United 
States,  against  the  goods  and  chattels  specified  in  the  list  hereto 
annexed,  for  reasons  and  causes  in  the  said  information  men- 
tioned, and  praying  the  usual  process  and  monition  of  the 
said  court  in  that  behalf  to  be  made,  and  that  all  persons 
having  or  pretending  to  have  any  right,  title  or  interest 
therein  may  be  cited  to  appear  and  answer  all  and  singular 
the  matters  in  the  said  information  articulately  propounded 
[or,  set  forth],  and  that  this  court  would  be  pleased  to  pro- 
nounce for  the  forfeiture  and  condemnation  of  the  said  prop- 
erty: 

You  are  therefore  commanded,  to  attach  the  said  goods  and 
chattels,  and  to  detain  the  same  in  your  custody  until  the 
further  order  of  this  court  respecting  the  same;  and  to  give 

notice,  by  publication for  fourteen  days  previous  to  the 

day  of  trial,  and  by  notice  posted  in  the  most  public  manner, 
for  the  space  of  fourteen  days,  at  or  near  the  place  of  trial  of 
such  seizure  or  information,  to  all  persons  claiming  the  said 
goods  and  chattels,  or  knowing  or  having  anything  to  say  why 
this  court  should  not  pronounce  against  the  same,  according 
to  the  prayer  of  the  said  information,  and  that  they  be  and 


INTERNAL   REVENUE.  407 

appear  before  the  said  court,  to  be  holden  in  and  for  the  said 

Northern  District  of ,  at  the  United-States  Court-House, 

in  the  city  of ,  in  the  same  district,  on  the  first  Monday 

in next,  if  that  be  a  day  of  jurisdiction,  and  if  not,  then 

on  the  first  day  of  jurisdiction  thereafter,  at  10  o'clock  in  the 
forenoon  of  that  day,  and  then  and  there  to  interpose  a  claim 
to  the  same,  and  to  make  their  allegations  in  that  behalf. 

And  of  what  you  shall  have  done  in  the  premises  do  you 
then  and  there  make  return,  together  with  this  writ. 

Witness,  the  Honorable  H "W.  B ,  Judge 

of  the  said  court,  and  the  seal  thereof,  this 
(L.  S.)             day  of ,  in  the  year  of  our  Lord  eight- 
een hundred  and ,  and  of  the  independ- 
ence of  the  said  United  States  the  -    --  year. 
W H.  B ,  Clerk. 


Claimant's  bond  for  costs. 

No.  668. 

Know  all  men  by  these  presents,  that  we,  A F ,  as 

principal,  and  W F •  and  D K ,  as  sureties,  all 

of  the  city  of ,  in  the  state  of  -  — ,  are  held  and  firmly 

bound  unto  the  United  States  of  America  in  the  sum  of  two 
hundred  and  fifty  dollars,  to  be  paid  to  the  said  United  States ; 
for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents,  sealed  with  our  seals,  and 
dated  this day  of ,  in  the  year  189-. 

Whereas  an  information  was  filed  in  the  District  Court  of 

the  said  United  States  for  the  Northern  District  of ,  on 

the  -  -  day  of  ,  in  the  year  1S9-,  by  W-  -  G.  E , 

Attorney  of  the  said  United  States  for  the  district  aforesaid, 
on  behalf  of  the  said  United  States,  against  certain  propertj7., 
for  reasons  and  causes  in  the  said  information  mentioned,  and 
praying  that  the  same  be  condemned  as  forfeited;  which  prop- 
erty is  set  forth  and  described  in  the  said  information  (in  the 


408  FORMS    ADAPTED   TO   CIVIL   CASES. 

cause  entitled  The  United  States  of  America  vs.  One  Copper 
Kettle  and  other  Property,  No. ) ; 

And  whereas  a  claim  has  been  filed  in  the  said  court  by  the 
said  A F—  -  as  owner  of  the  said  property: 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that 
in  case  the  said  claimant  shall  not  sustain  his  said  claim,  if  the 
said  obligors  or  either  of  them,  or  the  heirs,  executors  or  ad- 
ministrators of  them  or  either  of  them,  shall  pay  all  such  costs 
as  by  reason  of  the  failure  of  the  said  claimant  to  sustain  his 
said  claim  he  ought  to  pay,  then  this  obligation  shall  be  void, 
and  otherwise  shall  remain  in  full  force. 

And  in  case  payment  of  any  costs  shall  be  awarded  in  this 
behalf  against  the  said  claimant,  and  the  amount  of  such  costs 
shall  not  be  forthwith  paid  into  court,  we  the  said  obligors, 
submitting  ourselves  to  the  jurisdiction  of  the  court,  hereby 
consent  and  agree,  that  a  summary  judgment  may  be  entered 
against  us,  or  any  or  either  of  us,  for  the  penalty  of  this  obli- 
gation, with  award  of  execution  to  be  satisfied  on  making  the 
amount  of  such  costs.  A F ,  (Seal.) 

Witness:  W-    -F ,       (Seal.) 

H R  B .  her 

D xK .    (Seal.) 

mark. 


Agreement  for  appraising  property. 

No.  669. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  ,  NORTHERN  DI- 
VISION. 

The  United  States  1 


[    Information. 
One  Copper  Kettle  and  other 

Property.  J     The  District  Attorney,  on 

behalf  of  the  United  States,  and  A—  -  F ,  claimant  of  the 

property  seized  in  this  behalf,  hereby  consent  and  agree,  that 


INTERNAL   KEVENUE.  409 

the  said  property  may  be  appraised  by  P  -  H.  R  -  ,  P  - 
M  --  and  W  --  M.  B  -  ,  all  of  the  city  of  -  ,  in  this 
district,  and  that  the  appraisement  to  be  made  by  the  said 
appraisers  shall  be  deemed  and  taken  as  the  proper  valuation 
of  the  said  property  for  the  purposes  of  a  delivery  of  the 
same  to  the  said  claimant  on  bond. 
Chicago,  %9th  September,  189-. 

W  --  G.  E  --  , 

U.  S.  Attorney. 
J  --  A.  B  -- 


Attorney  for  claimant. 


Appraisement. 

]STo.  670. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  ,  NORTHERN  DI- 
VISION. 

The  United  States 

vs. 

One  Copper  Kettle  and  other 
Property. 

"We  the  undersigned,  having  been  selected  to  make  appraise- 
ment of  the  property  seized  in  this  behalf,  do  appraise  and 
estimate  the  value  of  the  several  articles  of  the  said  property 
as  follows,  to  wit : 

1  copper  kettle $35.00 

2  double  delivery-wagons $ 175.00 

(etc.,  etc.) 


No. . 

Information. 


Northern  District  of , ) 

Northern  Division,        f  set. —  We,  P- 

M ,  and  W M.  B ,  the  above-named  appraisers, 

make  oath  and  say,  that  we  have  examined  the  several  articles 
of  property  above  appraised,  and  estimated  the  values  of  the 
same  respectively  at  the  sums  set  opposite  the  said  several 
articles ;  and  that  the  valuations  so  placed  upon  the  said  sev- 


410  FORMS   ADAPTED   TO   CIVIL   CASES. 

oral  articles  of  property  are  true,  just  and  fair,  according  to 
our  best  judgment  and  belief,  P  --  H.  R  --  , 


--     --  , 
W  --  M.B 

Subscribed   and   sworn    by 
the  above-named 

p  --  H.  R  --  , 
p  --  M  --  ,  and 
W  --  M.B  --  , 
this  -  day  of  -  ,  A.  D. 
189-,  before  me, 

p  --  A.  H-  -, 
U.  S.  Comm'r  N.  Dist.  -  . 


Claimant's  bond  for  value  on  delivery. 

No.  671. 

Know  all  men  by  these  presents,  that  we,  A F ,  as 

principal,  and  "W—  -  F—  -  and  D K ,  as  sureties,  all 

of  the  city  of ,  in  the  state  of ,  are  held  and  firmly 

bound  unto  the  United  States  of  America  in  the  sum  of  one 
thousand  eight  hundred  ant*  fifty  dollars,  to  be  paid  to  the  said 
United  States ;  for  the  payment  of  which,  well  and  truly  to 
be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents,  sealed 

with  our  seals,  and  dated  this day  of ,  in  the  year 

189-. 

Whereas  an  information  was  filed  in  the  District  Court  of 

the  said  United  States  for  the  Northern  District  of , 

on  the  —  -  day  of  ,  in  the  year  189-,  by  W-  -  G. 

E ,  Attorney  of  the  said  United  States  for  the  district 

aforesaid,  on  behalf  of  the  said  United  States,  against  certain 
property,  for  reasons  and  causes  in  the  said  information  men- 
tioned, and  praying  that  the  same  be  condemned  as  forfeited; 
which  property  is  described  as  follows,  to  wit:  -  -  [or,  which 
property  is  described  and  set  forth  in  the  said  information,] 
and  a  part  of  which  said  property  has  leen  heretofore  sold  by 
the  Marshal,  of  the  said  district,  with  the  consent  and  at  the  re- 
quest of  the  said  A F : 


INTERNAL   KEVENUE.  411 

And  whereas  the  unsold  part  of  the  said  property  is  now  in 
the  custody  of  the  Marshal  of  the  said  Northern  District  of 

,  under  the  process  issued  in  pursuance  of  the  prayer  of 

the  said  information ; 

And  whereas  the  said  A F ,  claimant  of  all  the  said 

property,  by  his  petition  in  that  behalf  has  prayed  a  delivery 
of  the  said  unsold  property  so  claimed  to  him,  upon  his  giving 
bond  with  security,  and  the  same  is  about  to  be  delivered  to 
him  according  to  the  prayer  of  his  said  petition : 

And  whereas  the  value  of  the  said  unsold  property  so  claimed 
has  been  fixed  by  appraisement  in  writing,  filed  in  the  said 
court,  at  the  sum  of  nine  hundred  and  twenty-one  and  80-100 
dollars : 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that 
in  case  the  said  property  so  claimed  shall  by  sentence  or  judg- 
ment of  court  be  condemned  as  forfeited,  if  the  said  obligors 
or  either  of  them,  or  the  heirs,  executors  or  administrators  of 
them  or  either  of  them,  shall  thereupon  pay  into  court  the 
sum  of  nine  hundred  and  twenty-one  and  80-100  dollars,  then 
this  obligation  shall  be  void,  and  otherwise  shall  remain  in 
full  force. 

And  in  case  of  such  judgment  of  condemnation,  we  the  said 
obligors,  submitting  ourselves  to  the  jurisdiction  of  the  court, 
hereby  consent  and  agree,  that  unless  the  said  sum  of  nine 
hundred  and  twenty-one  and  80-100  dollars  shall  forthwith  be 
so  paid  into  court,  a  summary  judgment  may  be  entered 
against  us,  or  any  or  either  of  us,  for  the  penalty  of  this  obli- 
gation, with  award  of  execution  to  be  satisfied  on  making  the 
aforesaid  sum  of  nine  hundred  and  twenty-one  and  80-100  dol- 
lars. A F .  (Seal.) 

W F .       (Seal.) 

her 

Witness:  D xK .     (Seal.) 

H R  B .  mark 


412  FORMS    ADAPTED   TO   CIVIL    CASES. 


Answer  of  claimant  of  property  seized  for  violations  of  in- 
ternal-rereiiue  laws,  to  the  information  in  that  behalf. 

No.  672. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the Term,  A.  D.  189-. 

The  United  States,  etc.,       "j 

vs.  No. . 

One  Copper  Kettle  and  other  f       Information. 
property.  J 

The  answer1  of  A —  -  F ,  claimant  of  the  property 

seized  herein,  to  the  information  exhibited  against  the  said 

property  by  W-    -  G.  E ,  District  Attorney  as  aforesaid, 

on  behalf  of  the  said  United  States,  in  the  District  Court  of 
the  said  United  States  for  the  Northern  District  of  -  — , 
Northern  Division. 

1.  This  claimant,  for  answer  to  the  said  information,  denies 
that  he  did,  during  or  within  a  period  of  more  than  three 
months  next  before  the  time  of  the  said  seizure,  fraudulently 
neglect  and  refuse  to  keep  truly  and  exactly  the  books  by 
law  required  to  be  kept  by  him,  and  to  make  truly  and  ex- 
actly the  reports  by  law  required  to  be  made  by  him,  cis  owner 
and  occupant  of  a  brewery,  and  to  make  true  and  exact  entry 
and  report,  as  required  by  law,  of  and  concerning  the  fermented 

liquors  produced  by  him  the  said  A F at  the  brewery 

in  the  information  in  this  behalf  mentioned,  and  of  the  ma- 
terials by  him  purchased  for  that  purpose;  and  he  denies  that 
he  did,  within  the  period  aforesaid,  in  any  manner  evade,  or 
attempt  to  evade,  the  payment  of  the  internal-revenue  tax  on 
any  such  fermented  liquors. 

2.  And  this  claimant,  for  further  answer  to  the  said  infor- 
mation, denies  that  he  did,  during  or  within  a  period  of  more 
than  three  months  next  before  the  time  of  the  said  seizure, 
unlawfully  withdraw  any  fermented  liquor,  for  the  purpose 
of  bottling  the  same,  from  vessels  upon  which  had  not  been 
previously  affixed  respectively  the  proper  stamps  for  denoting 

1  No  reply  to  answer  is  necessary.     Coffey  v.  U.  S.,  116  U.  S.  427. 


INTERNAL    REVENUE.  413 

the  internal-revenue  tax  on  fermented  liquors;  and  he  denies 
that  he  did,  during  or  within  that  period,  carry  on  the  business 
of  bottling  fermented  liquor  upon  premises  having  communi- 
cation with  a  brewery. 

Wherefore  this  claimant  says  that  the  said  property  seized 
herein  did  not  become,  nor  is  the  same,  forfeited,  as  in  the 
said  information  is  alleged;  and  prays  that  the  same  may  be 
restored  to  him  by  the  decree  of  this  honorable  court;  and 
that  the  said  information  may  be  dismissed  with  costs2  to 
this  claimant  to  be  taxed.  A F . 

Sworn3  and  subscribed  this day  of ,  189-,  before 

me,  , 

U.  S.  Commissioner. 


Attorney  for  claimant. 


Information  of  debt,  on  Sec.  3340,  R.  S.  (3337-3340,)  to 
recover  penalty  from  brewers,  for  not  keeping  books 
required  by  law. 

No.  673. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the  —  -  Term,  in^the  year  eighteen 

hundred  and . 

District  of  ,  set. —  Be  it  remembered,  that , 

Attorney  of  the  United  States  of  America  for  the  District  of 

— ,  who  for  the  said  United  States  in  this  behalf  prosecutes, 

comes  in  person  into  the  Circuit  Court  of  the  said  United 

States  for  the  district  aforesaid,  on  this day  of ,  in 

this  same  term,  and  for  the  said  United  States  gives  the  court 

here  to  understand  and  be  informed,  that  K G.  S and 

H O.  G ,  late  of  the  city  of ,  in  the  said  district, 

on  the day  of ,  in  the  year  eighteen  hundred  and 

— ,  and  thenceforth  until  and  on  the day  of ,  in 

the  same  year,  in  the  city  and  district  aforesaid,  were  brew- 

2  Sec.  970,  R.  S.,  provides  that  in  case  a  certificate  of  probable  cause  is  en- 
tered by  the  court,  the  claimant  shall  not  be  entitled  to  costs. 

3  See  the  27th  Admiralty  Rule. 


4:14  FORMS   ADAPTED   TO   CIVIL    CASES. 

ers,  and  together  carried  on  the  business  of  a  brewer,  and  oc- 
cupied a  certain  brewery  there  situate;  and  the  said  K— 
G.  S and  II O.  G during  that  period  there  pro- 
duced, at  the  said  brewery,  divers  large  quantities  of  beer  and 
other  fermented  liquors,  and  sold  therefrom,  and  removed 
therefrom  for  consumption,  and  removed  therefrom  for  sale, 
divers  large  quantities  of  beer  and  other  fermented  liquors; 

and  the  said  K G.  S and  H—   -  O.  G ,  during  the 

same  period,  there  purchased  divers  large  quantities  of  grain 
and  malt,  and  other  materials,  for  the  purpose  of  producing 
beer  and  other  fermented  liquors  at  the  said  brewery :  Yet 

the  said  K •  G.  S—   -  and  II—    -  O.  G ,  during  the 

period  aforesaid,  did  not  from  day  to  day  enter  or  cause  to 
be  entered,  in  the  book  by  law  required  to  be  kept  by  them  for 
that  purpose,  (as  such  brewers  and  persons  occupying  a  brew- 
ery,) the  kind  of  such  malt  liquors  so  by  them  produced,  the 
estimated  quantity  thereof,  in  barrels,  and  the  actual  quantity 
thereof  so  by  them  sold,  or  removed  for  consumption  or  sale, 
in  barrels  or  fractional  parts  of  barrels;  nor  did  the  said 
K—  -  G.  S and  H O.  G ,  during  the  period  afore- 
said, from  day  to  day  enter,  or  cause  to  be  entered,  in  the 
separate  book  by  law  required  to  be  kept  by  them  for  that 
purpose,  (as  such  brewers  and  persons  occupying  a  brewery 
as  aforesaid,)  an  account  of  all  materials,  including  grain  and 
malt,  so  by  them  purchased  for  the  purpose  of  producing  such 
beer  and  other  fermented  liquors;  but  the  said  K—  -  G. 

S and  H—   -  O.  G ,  during  that  period,  so  being  such 

brewers  and  persons  occupying  a  brewery,  did  there  neglect 
to  keep  the  books  aforesaid,  contrary  to  the  form  of  the  stat- 
ute in  such  case  made  and  provided.  By  means  whereof,  and 

by  force  of  the  said  statute,  the  said  K G.  S —   -  and 

H O.  G forfeited  and  became  liable  to  pay  to  the 

said  United  States  the  sum  of  three  hundred  dollars:  Yet  the 

said  K—   -  G.  S—  -  and  H—   -  O.  G ,  though  requested, 

have  not  paid  to  the  said  United  States  the  said  sum  of  money, 
or  any  part  thereof,  but  refuse  so  to  do;  to  the  damage  of  the 
said  United  States  of  one  hundred  dollars. 

Whereupon  the  said  Attorney  of  the  said  United  States, 
who  prosecutes  as  aforesaid,  for  the  said  United  States  prays 
the  consideration  of  the  court  here  in  the  premises,  and  that 


INTERNAL   REVENUE.  415 

due  process  of  law  may  be  awarded  against  tjiem  the  said 

K G.  S and  H O.  G ,  in  this  behalf,  to  make 

them  answer  to  the  said  United  States  concerning  the  prem- 
ises aforesaid.  , 

United-States  Attorney. 


Summons. 

No.  674. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To  the  Marshal  of  the  District  of , —  Greeting: 

We  command  you  to  summon  K G.  S and  H 

O.  G ,  if  found  in  your  district,  to  be  and  appear  before 

our  Judges  of  our   Circuit  Court  of  the  United  States  of 

America  for  the  District  of ,  on  the  first  day  of  the  next 

term  thereof,  to  be  holden  at ,  in  the  district  aforesaid, 

on  the Monday  of  next,  to  answer  unto  the  said 

United  States  of  an  information  of  debt,  in  the  sum  of  

dollars,  to  their  damage,  as  is  alleged,  of  dollars ;  and 

have  you  then  and  there  this  writ. 

Witness,  the  Honorable  Melville  "W.  Fuller,  Chief 
Justice  of  the  Supreme  Court  of  the  United 
States  of  America,  and  the  seal  of  our  said 

(L.  S.)  Circuit  Court,  at aforesaid,  this day 

of ,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and ,  and  of  the  independ- 
ence of  the  said  United  States  the year. 

y  Clerk. 


416  FORMS    ADAPTED    TO   CIVIL   CASES. 


Information,  on  Sec.  3397,  B.  S.,  (1  Supp.  B.  S.,  2d  Ed., 
241,)  and  Sees.  3398,  3400-3402  and  3453,  B.  8.,  on 
seizure  of  cigars  for  not  being  properly  stamped ;  for 
being  among  stock  in  trade  of  a  dealer  who  afllxed  false 
customs-stamps  on  the  boxes  containing  the  same ;  for 
being  found  in  the  custody  of  the  same  dealer  in  fraud 
of  the  internal-revenue  laws,  and  with  a  design  to  avoid 
payment  of  tax ;  and  for  being  removed  from  the  place 
where  made  without  stamping,  etc.,  the  number,  etc., 

on  the  boxes. 

No.  GT5. 

1 did  seize  certain  property,  that  is  to  say,  -    -  boxes 

of  cigars,  and  now  holds  the  same  in  his  custody,  within  the 
judicial  and  collection  districts  aforesaid,  as  forfeited  to  the 
said  United  States  for  the  causes  following,  to  wit: 

1.  For  that  before  and  at  the  time  of  the  said  seizure,  in 
the  city  and  districts  aforesaid,  the  said  cigars  so  seized  were 

offered  for  sale  by  one  L D.  M ,  and  divers  his  agents 

and  servants;  and  that  when   so  offered  for  sale  the   said 
cigars,  then  purporting  and  claimed  to  be  imported  cigars, 
were  packed  in  boxes  each  then  and  there  bearing  a  false, 
fraudulent  and  re-used  stamp  for  denoting  the  customs-duties 
payable  to  the  said  United  States  upon  imported  cigars:  And 
so  the  said  Attorney  of  the  said   United  States,  who  prose- 
cutes as  aforesaid,  for  the  said  United  States  says,  that  the 
said  cigars  were  offered  for  sale  not  properly  stamped;  con- 
trary to  the  form  of  the  statute  in  such  case  made  and  pro- 
vided. 

2.  And  for  that  before  and  at  the  time  of  the  said  seizure, 
in  the  city  and  districts  aforesaid,  the  said  cigars  so  seized 

were  offered  for  sale,  by  the  said  L D.  M ,  and  divers 

his  servants  and  agents;  and  that  when  so  offered  for  sale  the 
said  cigars  were  contained  in  boxes  then  bearing  respectively 
stamps  for  denoting  the  internal-revenue  tax  payable  to  the 
said  United  States  upon  cigars,  which  stamps  last  aforesaid 
had  then  been  falsely  and  fraudulently  altered,  by  obscuring 
and  effacing  certain  words  and  figures  to  the  said  Attorney 

1  Begin  as  in  No.  655,  ante. 


INTERNAL   REVENUE.  417 

unknown,  in  the  "place  for  cancellation"  on  each  of  the  said 
stamps,  where  (by  regulation  theretofore  duly  made  and  pub- 
lished by  the  Commissioner  of  Internal  Revenue  in  that  be- 
half) should  be  written  or  imprinted  the  name  of  the  proper 
manufacturer  or  importer,  and  the  date  of  cancellation,  and 
by  imprinting  in  that  place,  on  each  of  the  said  stamps,  the 

words  "Z D.  M ,  O ,"  without  date :  And  so  the 

said  Attorney  of  the  said  United  States,  who  prosecutes  as 
aforesaid,  for  the  said  United  States  says,  that  the  said  cigars 
were  offered  for  sale  not  properly  stamped ;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided. 

3.  And  for  that  the  said  cigars,  before  and  at  the  time  of 
the  said  seizure,  in  the  city  and  districts  aforesaid,  being  con- 
tained in  boxes,  were  offered  for  sale,  and  kept  for  sale,  with- 
out having  on  the  same  boxes  respectively  the  proper  revenue- 
stamps  for  denoting  the  taxes  and  duties  payable  to  the  said 
United  States  on  cigars ;  contrary  to  the  form  of  the  statute 
in  such  case  made  and  provided. 

4.  And  for  that  before  and  at  the  time  of  the  said  seizure 
the  said  cigars  so  seized,  being  cigars  imported  from  a  foreign 

country,  were  in  the  possession  of  the  said  L D.  M , 

in  boxes  containing  the  same,  and  were  owned  by  him,  to 
wit,  in  the  city  and  districts  aforesaid ;  and  at  the  time  of  the 
said  seizure  the  said  cigars  were  then  found  in  the  possession 

of  the  said  L D.  M ,  and  among  his  stock  in  trade  as 

a  dealer  in  manufactured  tobacco :  And  that  the  said  L — 
D.  M ,  before  the  time  of  the  said  seizure,  there  unlaw- 
fully did  affix  to  each  of  the  said  boxes  so  containing  the  said 
cigars  a  false,  forged  and  fraudulent  stamp  purporting  to  be 
the  stamp  required  by  law  for  denoting  the  customs-duty  on 
imported  cigars ;  contrary  to  the  form  of  the  statute  in  such 
case  made  and  provided. 

5.  And  for  that  at  the  time  of  the  said  seizure,  in  the  city 
and  districts  aforesaid,  the  said  cigars  so  seized,  then  being 
merchandise  upon  which  taxes  were  imposed  by  the  laws  of 
the  said  United   States,  to  wit,  the  internal-revenue  tax  and 
the  import-tax,  were  found  in  the  possession,  custody  and  con- 
trol of  the  said  L—  -  D.  M ,  and  divers  his  servants  and 

agents,  and  were  in  such  possession,  custody  and  control  for 
the  purpose  of  being  sold  and  removed  by  the  said  L D. 

27 


418  FORMS    ADAPTED   TO   CIVIL   OASES. 

M  -  ,  and  his  servants  and  agents  aforesaid,  in  fraud  of  the 
internal-revenue  laws  of  the  said  Unite'.!  States,  and  with  de- 
sign to  avoid  payment  of  the  said  internal-revenue  tax  and 
import-tax;  contrary  to  the  form  of  the  statute  in  such  case 
made  and  provided. 

6.  And  for  that  certain  of  the  said  cigars  so  seized,  to  wit, 
three  of  the  said  boxes  of  cigars,  had  before  the  time  of  the 
said  seizure  been  removed  from  a  manufactory  or  place  (to 
the  said  Attorney  as  yet  unknown)  where  cigars  were  made, 
without  stamping,  indenting,  burning  or  impressing  into  the 
same  three  boxes  respectively,  in  a  legible  and  durable  man- 
ner, the  number  of  cigars  contained  therein,  the  number  of 
the  manufactory,  and  the  number  of  the  district,  and  the  State 
where  the  said  cigars  were  manufactured;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statutes 
aforesaid,  etc.1 


Information,  on  Sec.  3397,  R.  8.,  (1  Supp.  B.  8.,  2d  Ed., 
241,)  and  Sees.  3398  and  3400,  B.  S.,  on  seizure  of 
cigars  and  other  property,  for  being  removed  from 
the  factory  without  being  packed  in  new  boxes,  and 
without  the  proper  stamps,  and  without  having  the 
number  of  cigars,  etc.,  stamped  thereon;  and  for  be- 
ing kept  for  sale  without  the  proper  revenue-stamps 
thereon  ;  and  for  being  raw  materials,  tools,  etc.,  of  a 
cigar-manufacturer  who  had  removed  cigars  without 
the  proper  stamps,  and  made  false  entries  in  his  books. 

No.  676. 

1  -  did  seize  certain  property,  that  is  to  say,  [here  insert 
a  list*  of  the  property  seized^  and  now  holds  the  same  in  his 
custody,  within  the  judicial  and  collection  districts  aforesaid, 
as  forfeited  to  the  said  United  States  for  the  causes  following, 
to  wit: 

For  that  before  the  time  of  the  said  seizure,  to  wit,  on  the 


1  Conclude  as  in  No.  655  or  666,  ante. 

1  Begin  as  in  No.  655,  ante. 

2  See  No.  677,  post. 


INTERNAL   REVENUE.  419 

day  last  aforesaid,  at aforesaid,  the  said  cigars  so  seized 

were  removed  from  a  certain  manufactory  there  situate,  to 

wit,   the   cigar-manufactory  of  one   F "W ,   without 

being  packed  in  new  boxes  not  before  used  for  that  purpose,3 
and  without  the  proper  stamps  on  the  said  cigars,  denoting 
the  internal-revenue  tax  thereon,  and  without  stamping,  in- 
denting, burning  or  impressing  into  each  of  the  boxes  con- 
taining the  said  cigars,  in  a  legible  and  durable  manner,  the 
number  of  cigars  contained  therein,  and  the  number  of  the 
manufactory,  and  the  number  of  the  district,  and  the  State, 
where  the  said  cigars  were  manufactured;  contrary  to  the 
form  of  the  statute  of  the  said  United  States  in  such  case 
made  and  provided :  "Whereby,  and  by  force  of  the  said  stat- 
ute, the  said  cigars  so  seized  became  and  are  forfeited  to  the 
said  United  States. 

And  for  that  at  the  time  of  the  said  seizure,  at afore- 
said, certain  of  the  said  cigars  so  seized  as  aforesaid,  to  wit, 
ten  thousand  thereof,  then  contained  in  boxes,  were  kept  for 
sale  by  the  said  F "W ,  without  the  proper  revenue- 
stamps  on  the  boxes  containing  the  same  respectively ;  con- 
trary to  the  form  of  the  statute  of  the  said  United  States  in 
such  case  made  and  provided :  Whereby,  and  by  force  of  the 
said  statute,  the  said  cigars  so  kept  for  sale  became  and  are  for- 
feited to  the  said  United  States. 

And  for  that  before  and  at  the  time  of  the  said  seizure,  at 

aforesaid,  the  said  F "W was  a  manufacturer  of 

cigars ;  and  at  the  time  of  the  said  seizure  the  said  cigars  and 
other  property  so  seized  as  aforesaid  were  respectively  cigars, 
raw  material,  machinery,  tools,  implements,  apparatus,  fixt- 
ures and  materials  found  in  the  possession  of  the  said  F— 

W ,  and  used  in  his  business  as  such  manufacturer,  to  wit, 

at aforesaid :    And  that  the  said  F W ,  before 

the  time  of  the  said  seizure,  to  wit,  on  the  day  last  aforesaid, 

at aforesaid,  being  a  manufacturer  of  cigars  as  aforesaid, 

unlawfully  did  remove  from  his  cigar-manufactory  certain 
cigars,  to  wit,  the  cigars  so  seized  as  aforesaid,  without  the 
proper  stamps  on  the  same  denoting  the  internal-revenue  tax 
thereon, —  contrary  to  the  form  of  the  statute  of  the  said 
United  States  in  such  case  made  and  provided. 

» See  Sec.  3392,  R  S. 


420  FORMS    ADAPTED   TO   CIVIL   CASES. 

And  for  that  before  and  at  the  time  of  the  said  seizure,  at 

aforesaid,  the  said  F TV was  a  manufacturer  of 

cigars;  and  at  the  time  of  the  said  seizure  the  said  cigars  and 
other  property  so  seized  as  aforesaid  were  respectively  cigars, 
raw  material,  machinery,  tools,  implements,  apparatus,  fixt- 
ures and  materials  found  in  the  possession  of  the  said  F— 

W ,  and  used  in  his  business  as  such  manufacturer,  to  wit, 

at aforesaid :   And  that  the  said  F—        "W ,  before 

the  time  of  the  said  seizure,  to  wit,  during  a  period  of  six 

months  next  before  that  time,  at  aforesaid,  did  make 

false  and  fraudulent  entries  of  the  manufacture  and  sale  of 
cigars,  and  of  the  purchase  and  sale  of  leaf -tobacco  and  tobacco- 
stems,  in  the  book  required  by  law  to  be  kept  by  him  as  such 
manufacturer  of  cigars;  contrary  to  the  form  of  the  stat- 
ute of  the  said  United  States  in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  etc.4 

Information^  on  Sees.  3400  and  3453,  B.  S..  against  per- 
sonal property  seized  by  a  Deputy  Collector,  as  being 
forfeited  for  being  property  and  tools  used  by  a  cigar- 
manufacturer  who  had  removed  and  sold  cigars  with- 
out the  proper  stamps,  and  made  false  entries  in  the 
books  required  to  be  kept  by  him ;  and  for  being  found 
in  his  possession  for  the  purpose  of  being  sold  and  re- 
moved with  design  to  evade  the  taxes,  and  manufact- 
ured into  cigars  for  the  purpose  of  so  being  sold. 

No.  677. 

1 then  a  Deputy  Collector  of  Internal  Eevenue  of  the 

said  United  States  for  the  collection-district  aforesaid,  did 
seize  certain  property,  that  is  to  say, 

44018  cigars,  unstamped ; 

600  cigars,  stamped ; 

256  cigars,  in  molds ; 

266  empty  cigar-boxes,  for  100  cigars  each ; 

2000  pounds  of  leaf-tobacco  and  cuttings ; 

4  cigar-presses ;  and 

10  tables,  for  workmen ; 

4  Conclude  as  in  No.  658,  ante. 
1  Begin  as  in  No.  655,  ante. 


INTERNAL    REVENDE.  421 

and  now  holds  the  same  in  his  custody,  within  the  judicial 
and  collection  districts  aforesaid,  as  forfeited  to  the  said  United 
States  for  the  causes  following,  to  wit: 

1.  For  that  one  M M ,  late  of  the  said  city  of , 

on  the day  of ,  in  the  year  eighteen  hundred  and 

— ,  and  from  thence  until  and  at  the  time  of  the  said  seizure, 
within  the  city  and  districts  aforesaid,  was  a  manufacturer  of 
cigars;  and  the  said  leaf-tobacco,  cuttings  and  cigars  so  seized 
were  respectively  raw  material  and  manufactured  cigars  there 

found  in  the  possession  of  the  said  M—  -  M ,  at  the  time 

of  the  said  seizure,  and  the  said  other  property  so  seized  was 
machinery,  tools,  implements,  apparatus,  fixtures,  boxes  and 
materials  there  found  in  the  possession  of  the  said  M— 

M ,  and  used  in  his  business  as  such  manufacturer  of  cigars, 

at  the  time  of  the  said  seizure  as  aforesaid :  And  that  the  said 
M M ,  during  the  period  aforesaid,  so  being  such  manu- 
facturer of  cigars,  within  the  city  and  districts  aforesaid,  did 
remove  and  sell  a  large  number  of  cigars,  to  wit,  -  —  cigars, 
without  the  proper  stamps  denoting  the  internal-revenue  tax 
thereon;  contrary  to  the  form  of  the  statute  of  the  said 
United  States  in  such  case  made  and  provided. 

2.  And  for  that  the  said  M—  -  M ,  on  the day  of 

— ,  in  the  }Tear  eighteen  hundred  and ,  and  from  thence 

until  and  at  the  time  of  the  said  seizure,  within  the  city  and 
districts  aforesaid,  was  a  manufacturer  of  cigars;  and  the  said 
leaf-tobacco,  cuttings  and  cigars  so  seized  were  respectively 
raw  material  and  manufactured  cigars  there  found  in  the  pos- 
session of  the  said  M M ,  at  the  time  of  the  said  seizure, 

and  the  said  other  property  so  seized  was  machinery,  tools, 
implements,  apparatus,  fixtures,  boxes  and  materials  there 

found  in  the  possession  of  the  said  M —  -  M ,  and  used  in 

his  business  as  such  manufacturer  of  cigars,  at  the  time  of  the 

said  seizure  as  aforesaid ;  and  the  said  M—    -  M ,  during 

the  period  aforesaid,  within  the  city  and  districts  aforesaid, 
so  being  such  manufacturer  of  cigars,  and  having  the  book  by 
law  required  to  be  kept  by  him  as  such  manufacturer,  (the 
form  of  which  book  had  theretofore  been  prescribed  by  the 
Commissioner  of  Internal  Keveuue  of  the  said  United  States, 
whereof  the  said  M M then  and  before  that  time  there 


422  FORMS    ADAPTED   TO   CIVIL    CASES. 

had  notice,)  did  manufacture  daily  a  large  number  of  cigars : 

and  that  the  said  M M during  that  period  did  there 

make  in  the  said  book  divers  false  and  fraudulent  entries  of 
the  manufacture  of  cigars  by  him,  in  this,  that  the  said  M— 

M then  and  there,  with  intent  to  defraud  the  United 

States,  did  enter  daily,  and  from  day  to  day,  in  the  said  book, 
a  different  and  much  less  number  of  cigars,  to  wit,  one  hundred 
less  cigars,  as  manufactured  by  him  daily,  and  from  day  to 
day,  during  the  period  aforesaid,  than  were  in  fact  manufact- 
ured by  him  the  said  M M daily,  and  from  day  to 

day,  during  that  period;  contrary  to  the  form  of  the  statute 
of  the  said  United  States  in  such  case  made  and  provided. 

3.  And  for  that  at  the  time  of  the  said  seizure,  in  the  city 
and  districts  aforesaid,  the  said  cigars  so  seized,  the  same  then 
and  there  being  objects  on  which  taxes  were  imposed,  were 

found  in  the  possession  of  the  said  M M ,  in  a  certain 

place  and  building  there  situate,  for  the  purpose  of  being  sold 
and  removed  by  him  in  fraud  of  the  internal-revenue  laws, 
and  with  design  to  evade  the  payment  of  such  taxes  on  the 
said  cigars ;  and  the  said  leaf-tobacco  and  cuttings  so  seized 
were  then  and  there  raw  materials  found  in  the  possession  of 

the  said  M M ,  in  the  same  place  and  building,  he  the 

said  M M—  -  then  and  there  intending  to  manufacture 

the  same  raw  materials  into  articles  of  a  kind  subject  to  tax, 
to  wit,  cigars,  for  the  purpose  of  fraudulently  selling  such 
cigars,  and  with  design  to  evade  the  payment  of  such  tax 
thereon :  contrary  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  provided.  And  that  the  said 
other  property  so  seized  was  then  and  there  tools,  implements, 
instruments  and  personal  property  then  in  the  same  place  and 
building  where  the  said  cigars,  leaf-tobacco  and  cuttings  so 
seized  were  so  found  as  aforesaid. 

By  reason  of  which  premises,  etc.1 

1  Conclude  as  in  No.  655,  ante. 


INTERNAL   EEVENUE.  423 


Information,1  on  Sec.  3453,  R.  S.,  against  property  seized 
for  being  merchandise  on  which  taxes  were  imposed, 
and  found  within  the  control  of  persons  for  the  pur- 
pose of  being  sold  and  removed  in  fraud  of  the  internal- 
revenue  laws,  and  with  a  design  to  avoid  the  tax. 

No.  678. 

2 did  seize  certain  property,  that  is  to  say,  fifteen  hogs- 
heads of  smoking-tobacco,  together  containing  about pounds, 

and  three  "boxes  of  smoking-tobacco,  together  containing  about 

pounds, —  and  now  holds  the  same  in  his  custody,  within 

the  judicial  and  collection  districts  aforesaid,  as  forfeited  to 
the  said  United  States  for  the  causes  following,  to  wit: 

For  that  the  said  tobacco  so  seized,  at  the  time  of  the  said 
seizure,  in  the  city  and  districts  aforesaid,  was  merchandise  on 
which  taxes  were  imposed  by  law,  to  wit,  internal-revenue 

taxes,  and  was  found  within  the  control  of  one and 

one ,  for  the  purpose  of  being  sold  and  removed  by 

them  in  fraud  of  the  internal-revenue  laws,  and  with  design 
to  avoid  payment  of  the  said  taxes ;  contrary  to  the  form  of 
the  statute  of  the  said  United  States  in  such  case  made  and 
provided. 

And  for  that  the  said  property  so  seized,  at  the  time  of  the 
said  seizure,  in  the  city  and  districts  aforesaid,  being  smoking- 
tobacco  as  aforesaid,  was  merchandise  on  which  internal-reve- 
nue taxes  were  imposed  by  law,  and  was  found  within  the 
control  of  some  person  or  persons  to  the  said  Attorney  un- 
known, for  the  purpose  of  being  sold  and  removed  by  the  said 
person  or  persons  unknown  in  fraud  of  the  internal-revenue 
laws,  and  with  design  to  avoid  payment  of  the  said  taxes ; 
contrary  to  the  form  of  the  statute  of  the  said  United  States 
in  such  case  made  and  provided. 

By  reason  of  which  premises,  and  by  force  of  the  statute 
aforesaid,  etc.3 

1  See  No.  630,  note  1. 

2  Begin  as  in  No.  658,  ante. 

3  Conclude  as  in  No.  658,  ante. 


424  FORMS    ADAPTED   TO   CIVIL   CASES. 


Declaration  in  debt,  on  Sec.  3324,  R.  S.,  to  recover  penalty 
for  receiving  and  transporting,  and  having  in  posses- 
sion with  intent  to  transport,  empty  spirit-casks,  each 
bearing  stamps  and  marks  required  by  law. 

No.  679. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the  -     -  Term,  in  the  year  eighteen 

hundred  and  -  — . 

Northern  District  of ,sct. —  The  United  States  of  Amer- 
ica, plaintiffs,  by  —         — ,  their  Attorney  for  the  Northern 

District  of ,  complain  of  W L.  P ,  defendant,  of  a 

plea  that  he  render  to  the  said  plaintiffs  the  sum  of  nine  hun- 
dred dollars,  which  he  owes  to  and  unjustly  detains  from  them : 

For  that  whereas  the  said  defendant,  on  the day  of—  — , 

in  the  year  eighteen  hundred  and ,  at ,  in  the  district 

aforesaid,  did  receive  and  transport,  and  have  in  possession 
with  intent  to  transport,  three  empty  casks,  (of  a  capacity  not 
less  than  five  gallons  severally,)  each  theretofore  used  for  con- 
taining distilled  spirits,  and  each  then  and  there  having  thereon 
a  stamp  and  marks  required  by  law  to  be  placed  on  a  cask 
containing  distilled  spirits,  that  is  to  say,  a  certain  internal- 
revenue  stamp,  called  a  wholesale  liquor-dealer's  stamp,  and 
certain  internal-revenue  marks,  called  inspection-marks ;  con- 
trary to  the  form  of  the  statute  in  such  case  made  and  pro- 
vided :  Whereby,  and  by  force  of  the  said  statute,  an  action 
has  accrued  to  the  said  plaintiffs  to  demand  and  have  of  the 
said  defendant  the  sum  of  nine  hundred  dollars  above  de- 
manded, being  the  sum  of  three  hundred  dollars  for  each  of 
the  said  empty  casks  so  by  him  received,  transported  and  had 
in  possession  as  aforesaid :  Yet  the  said  defendant,  though  re- 
quested, has  not  paid  to  the  said  plaintiffs  the  said  sum  of  nine 
hundred  dollars  above  demanded,  or  any  part  thereof,  but  re- 
fuses so  to  do;  to  the  damage  of  the  said  plaintiffs  otone  hun- 
dred dollars,  and  therefore  they  bring  their  suit,  etc. 


United-States  Attorney. 


INTERNAL   REVENUE.  425 


Declaration  in  debt,  against  the  executors  of  one  of  a  firm 
of  distillers,  on  their  three  warehousing-bonds  condi- 
tioned (as  required  by  Sec.  3293,  E.  S.,  as  amended  by 
Sec.  4,  Act  May  28,  1880,  1  Supp.  R.  S.,  2d  Ed.,  285,) 
for  the  payment  of  taxes  within  three  years,  etc. 

No.  680. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES   OF  AMERICA 
FOR  THE  DISTRICT  OF  . 

Of  the  -    -  Term,  in  the  year  189-. 

District   of  ,    set. —  The   United    States   of  America, 

plaintiffs,  by  • ,  their  Attorney  for  the  District  of 

— ,  complain  of  T S.  D and  M D.  S ,  exec- 
utors of  the  last  will  and  testament  of  G S ,  deceased, 

defendants,  of  a  plea  that  they  render  unto  the  said  plaintiffs 
the  sum  of  forty-five  thousand  dollars  which  the  said  defend- 
ants unjustly  detain  from  the  said  plaintiffs:  For  that  whereas 

the  said  G S- ,  now  deceased,  in  his  life-time,  to  wit, 

on  the da}7  of ,  in  the  year  eighteen   hundred  and 

,  at  the  city  of ,  in  the  district  aforesaid,  by  his  cer 

tain  writing  obligatory,  bearing  date  of  that  day,  and  now  to 
the  court  here  shown,  acknowledged  himself  to  be  held  and 
firmly  bound  unto  the  said  plaintiffs  in  the  sum  of  ten  thou- 
sand dollars,  (parcel  of  the  sum  above  demanded,)  to  be  paid 
to  the  said  plaintiffs;  which  said  writing  obligatory,  and  a 
certain  condition  thereunder  written,  were  and  are  in  the 
words  and  figures  following,  to  wit:  [here  set  out  a  copy  of 
one  of  the  hands']. 

And  the  said  plaintiffs  in  fact  say,  that  the  distilled  spirits 
in  the  said  condition  specified  were  entered  for  deposit  in  the 
warehouse  and  at  the  time  therein  mentioned ;  and  that  then, 

and  at  the  time  when  the  said  G S so  entered  into 

the  said  obligation  as  aforesaid,  there  was  due  and  owing  on 
each  and  every  proof-gallon  of  the  said  spirits  the  internal- 
revenue  tax  of  ninety  cents  imposed  by  law. 

Nevertheless  the  amount  of  the  said  internal-revenue  tax 
so  due  and  owing  on  certain  of  the  distilled  spirits  aforesaid, 
to  wit, barrels  thereof,  together  containing  -  -  taxable 


4:26  FORMS   ADAPTED   TO   CIVIL   CASES. 

gallons,  was  not  paid  to  the  Collector  of  Internal  Revenue  for 

the Collection-District  of ,  within  three  years  from 

the  said  date  of  the  said  writing  obligatory,  or  afterwards, 

either  by  the  said  G S and  J—    -  G.  S in  the 

said  writing  obligatory  named,  or  either  of  them,  in  the  life- 
time of  the  said  G S ,  or  by  the  said  J—  —  G.  S ,  or 

the  heirs  of  the  said  G S ,  deceased,  or  the  said  de- 
fendants, executors  as  aforesaid,  since  the  death  of  the  said 
G—  -  S ;  but  the  same  remains  due  and  wholly  unpaid. 

And  for  that  whereas  also  the  said  G S ,  now  de- 
ceased, in  his  life-time,  to  wit,  on  the day  of  -  — ,  in  the 

same  year  189-,  at  -  -  aforesaid,  in  the  District  of  -  -  afore- 
said, by  his  certain  other  writing  obligatory,  bearing  date  of 
that  day,  and  now  to  the  court  here  shown,  acknowledged  him- 
self to  be  held  and  firmly  bound  unto  the  said  plaintiffs  in  the 
sum  of  fifteen  thousand  dollars,  (other  parcel  of  the  said  sum 
above  demanded,)  to  be  paid  to  the  said  plaintiffs;  which 
writing  obligatory  last  aforesaid,  and  a  certain  condition 
thereunder  written,  were  and  are  in  the  words  and  figures 
following,  to  wit:  [here  set  out  a  copy  of  another  bond]. 

And  the  said  plaintiffs  in  fact  say,  that  the  distilled  spirits 
in  the  condition  last  aforesaid  specified  were  [etc.,  as  before]. 

Nevertheless  the  amount  of  the  said  internal-revenue  tax  so 
due  and  owing  on  certain  of  the  distilled  spirits  last  aforesaid, 
to  wit,  [etc.,  as  before,]  within  three  years  from  the  date  of  the 
writing  obligatory  last  aforesaid,  [etc.,  as  before]. 

And  for  that  whereas  also  [etc.,  as  in  second  count]  - 
twenty  thousand  dollars,  (residue  of  the  said  sum  above  de- 
manded,) to  be  paid  [etc.,  as  in  second  count,  to  the  end  of  the 
count]. 

By  reason  of  which  premises  the  said  writings  obligatory 
have  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  plaintiffs  to  demand  and  have  of  the  said  defendants, 
executors  as  aforesaid,  the  said  sum  of  forty-five  thousand  dol- 
lars: Yet  the  said  defendants,  though  requested,  have  not 
paid  to  the  said  plaintiffs  that  sum  of  money,  or  any  part 
thereof,  but  refuse  so  to  do,  and  the  same  remains  wholly  un- 
paid to  them;  to  the  damage  of  the  said  plaintiffs  of  twenty 
thousand  dollars,  and  therefore  they  bring  their  suit,  etc. 


United-States  Attorney. 


INTERNAL    EEVENUE.  427 

Praecipe  for  summons  in  an  action  of  debt. 

No.  681. 

UNITED-STATES  CIRCUIT  COURT,  DISTRICT  OF . 

The  United  States  of  America  " 


vs. 


S.  D and  M D. 


S ,   executors   of  the 

last  will  and  testament  of 


Action  of  debt. 
Debt  $46,000. 
Damages  $20,000. 


G S ,  deceased. 

Let  a  summons  issue,  as  above,  returnable  to  the term 

of  the  said  court,  A.  D.  189-. , 

United-States  Attorney. 
To ,  Esq.,  Clerk. 


Declaration  in  debt,  against  a  rectifier,  for  special  tax, 
under  Sec.  3244,  R.  S.,  and  for  fifty  per  cent,  additional, 
under  Sec.  3176,  K.  S. 

No.  682. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the  — -  Term,  in  the  year 

189-. 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by ,  their  Attorney  for  the  District  of ,  com- 
plain of  N H ,  defendant,  of  a  plea  that  he  render 

unto  the  said  plaintiffs  the  sum  of  three  hundred  dollars,  which 
the  said  defendant  owes  to  and  unjustly  detains  from  the 
said  plaintiffs:  For  that  whereas  the  said  defendant,  during 
the  year  ending  the  thirtieth  day  of  June,1  in  the  year  eight- 
een hundred  and  ninety-three,  to  wit,  on  the  first  day  of  July, 
in  the  year  eighteen  hundred  and  ninety-two,  at  the  city  of 

,  in  the  district  aforesaid,  did  carry  on  the  business  of  a 

rectifier  of  distilled  spirits;  whereby,  and  by  force  of  the 

iSee  Sec.  3237,  R.  S.,  as  amended  by  Sec.  53,  Act  of  Oct.  1,  1890,  1  Supp. 
R  S.,  3d  Ed.,  869. 


428  FORMS   ADAPTED   TO   CIVIL   CASES. 

statute2  m  such  case  made  and  provided,  the  said  defendant 
then  and  there  became  liable  to  pay  to  the  said  plaintiffs  a 
special  tax  of  two  hundred  dollars:  Yet  the  said  defendant 
has  not  paid  to  the  said  plaintiffs  the  said  special  tax  of  two 
hundred  dollars,  or  any  part  thereof,  but  has  hitherto  neg- 
lected and  refused  so  to  do.  And  such  refusal  and  neglect  of 
the  said  defendant  to  pay  the  said  special  tax  not  having  been 
occasioned  by  sickness  or  absence,  he  the  said  defendant 
thereby,  and  by  force  of  the  said  statute,8  then  and  there  be- 
came liable  to  pay  to  the  said  plaintiffs  the  further  sum  of  one 
hundred  dollars,  being  fifty  per  centum  additional  upon  the 
amount  of  the  special  tax  aforesaid ;  yet  the  said  defendant 
has  not  paid  to  the  said  plaintiffs  the  said  sum  of  one  hundred 
dollars,  or  any  part  thereof,  but  has  hitherto  neglected  and 
refused  so  to  do. 

By  reason  of  which  premises  an  action  has  accrued  to  the 
said  plaintiffs  to  demand  and  have  of  the  said  defendant  the 
said  sum  of  three  hundred  dollars  above  demanded:  Yet  the 
said  defendant,  though  requested,  has  not  paid  to  the  said 
plaintiffs  that  sum  of  money,  or  any  part  thereof,  but  refuses 
so  to  do;  to  the  damage  of  the  said  plaintiffs  of  fifty  dollars, 
and  therefore  they  bring  their  suit,  etc. 

> 
United-States  Attorney. 


Cognovit.1 
No.  683. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Term,  189-. 

N H ]   No. . 

ats.  }-  Debt. 

The  United  States,  etc.  J   And  the  said  X H ,  defend- 
ant, by — ,  his  attorney,  [0r,  in  proper  person,]  comes 

and  waives  service  of  process,  etc.,  and  confesses  that  he  is 
indebted  to  the  said  plaintiffs,  by  reason  of  the  matters  and 

'See  Sec.  8244,  R  S. 
» See  Sec.  3176,  RS. 
'See  No.  712,  post. 


INTERNAL    REVENUE.  429 

things  in  the  said  declaration  above  alleged,  in  the  sura  of  three 
hundred  dollars,  over  and  above  the  costs  of  the  said  plaint- 
iffs by  them  about  their  suit  in  this  behalf  expended. 

N H . 

Declaration  in  debt,  on  Sec.  3456  (3307-3456,)  against  dis- 
tillers, to  recover  penalty  for  neglecting  to  render 
monthly  account  to  the  collector  of  internal  revenue. 

No.  684. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

Of  the  -    -  Term,  in  the  year 

eighteen  hundred  and . 

Northern  District   of  ,  set. —  The   United    States   of 

America,  plaintiffs,  complain  of ,  defendants,  of  a 

plea  that  they  render  to  the  said  plaintiffs  the  sum  of  one 
thousand  dollars,  which  the  said  defendants  owe  to  and  un- 
justly detain  from  the  said  plaintiffs:  For  that  whereas  the 
said  defendants,  before  and  on  the  first  day  of  May,  in  the 

year  eighteen  hundred  and  ,  and  from  thence  until  and 

on  the  tenth  day  of  May,  in  the  same  year,  at  the  city  of , 

in  the  district  aforesaid  and  the  First  Internal-Revenue  Col- 
lection-District of ,  were  distillers,  carrying  on  the  busi- 
ness of  manufacturing  distilled  spirits,  under  the  name  and 

style  of  the Distilling  Company,  at  a  certain  distillery 

there  situate;  and  that  as  such  distillers  it  became  and  was 
by  law  the  duty  of  the  said  defendants,  on  the  first  day  of 
June,  in  the  same  year,  or  within  five  days  thereafter,  to  ren- 
der to  the  Collector  of  Internal  Revenue  for  the  said  collec- 
tion-district an  account  in  duplicate,  taken  from  the  books  of 
the  said  defendants,  and  verified  by  their  oath  or  that  of  the 
principal  manager  of  the  said  distillery,  and  stating  the  quan- 
tity and  kind  of  materials  used  for  the  production  of  spirits 
each  day  at  the  said  distillery,  and  the  number  of  wine-gal- 
lons and  proof-gallons  of  spirits  produced  at  the  same  and 
placed  in  warehouse  therefrom,  since  the  date  of  the  last 
return  of  the  business  of  the  said  distillery,  to  wit,  since  and 
including  the  said  first  day  of  Mai/,  in  the  year  eighteen  hun- 


430  FORMS   ADAPTED   TO   OTVIL   OASES. 

dred  and :  Nevertheless  the  said  defendants,  so  being 

such  distillers,  not  regarding  their  duty  in  that  behalf,  know- 
ingly and  willfully  omitted  and  neglected  to  render  sucli 
account,  or  cause  the  same  to  be  rendered,  to  the  said  col- 
lector, on  the  said  first  day  of  June,  in  the  year  eighteen  hun- 
dred and ,  or  within  five  days  thereafter,  to  wit,  at  — 

aforesaid,  in  the  Northern  District  aforesaid ;  contrary  to  the 
form  of  the  statute  in  such  case  made  and  provided.  By 
means  whereof,  and  by  force  of  the  said  statute,  an  action 
has  accrued  to  the  said  plaintiffs  to  demand  and  have  of  the 
said  defendants  the  sum  of  one  thousand  dollars  above  de- 
manded :  Yet  the  said  defendants,  though  requested,  have  not 
paid  to  the  said  plaintiffs  the  said  sum  of  money,  or  any  part 
thereof,  but  refuse  so  to  do;  to  the  damage  of  the  said  plaint- 
iffs of  one  hundred  dollars,  and  therefore  they  bring  their  suit, 
etc.  — , 

United-States  Attorney. 

Information  of  debt  on  cigar-manufacturers'  bond.  Breach, 
non-payment  of  assessment  (under  Sec.  3182,  R.  S.,) 
for  stamp-tax  on  cigars,  and  of  penalty  and  interest 
(under  Sec.  3184,  R.  S.). 

No.  685. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  ,  NORTHERN  DI- 
VISION. 

Of  the Term,  in  the  year 

eighteen  hundred  and . 

Northern  District  of , ) 

Northern  Division,        f  set. —  Be  it  remembered  that  - 
— ,  Attorney  of  the  United   States  of  America  for  the 

Northern  District  of ,  who  for  the  said  United  States  in 

this  behalf  prosecutes,  comes  in  person  into  the  Circuit  Court 

of  the  said  United  States  for  the  district  aforesaid,  at ,  on 

this  day  of  -  — ,  in  this  same  term,  and  for  the  said 

United  States  gives  the  court  here  to  understand  and  be  in- 
formed, that  C—  -  P ,  P B ,  M—  -  T and 

A—  -  L ,  on  the day  of ,  in  the  year  eighteen 

hundred  and ,  at aforesaid,  in  the  district  aforesaid, 


INTERNAL    REVENUE.  431 

by  their  writing  obligatory,  bearing  date  of  that  day,  and 
now  to  the  court  here  shown,  acknowledged  themselves  to  be 
held  and  firmly  bound,  jointly  and  severally,  unto  the  said 
United  States,  in  the  sura  of  nine  hundred  dollars,  to  be  paid 
to  the  said  United  States;  which  said  writing  obligatory,  and 
a  certain  condition  thereunder  written,  were  and  are  as  fol- 
lows, to  wit :  [set  out  a  copy  of  the  bond  sued  on~\. 

And  thereupon  the  said  C—    -  P and  P B— 

afterwards,  to  wit,  on  the  day  last  above  mentioned,  became 
engaged  in,  and  thenceforth  carried  on,  the  manufacture  of 
cigars,  at  the  place  in  the  said  condition  mentioned,  and 

within  the Collection-District  of :  Nevertheless  the 

said  C P and  P B did  not  keep  or  perform 

the  condition  aforesaid,  but  neglected  and  refused  so  to  do, 
to  the  injury  of  the  said  United  States. 

And  for  assigning  a  breach  of  the  said  condition,  the  said 
Attorney  of  the  said  United  States,  who  prosecutes  as  afore- 
said, for  the  said  United  States  says,  that  after  the  said  C 

P and  P B so  became  engaged  in  the  manufacture 

of  cigars  as  aforesaid,  to  wit,  on  the day  of ,  in  the 

year  eighteen  hundred  and ,  the  Commissioner  of  Internal 

Revenue  of  the  said  United  States  duly  made  a  certain  assess- 
ment, under  the  internal-revenue  laws1  of  the  said  United 

States,  against  the  said  C P and  P B ,  (by 

the  style  and  designation  of  P &  B— — ,)  in  respect  of 

their  said  business  of  a  manufacturer  of  cigars,  so  by  them 
carried  on  as  aforesaid,  and  certified  to  the  Collector  of  In- 
ternal Revenue  of  the  said  United  States  for  the  collection- 
district  aforesaid  a  list  containing  the  said  assessment,  that  is 
to  say,  a  certain  assessment  of  -  —  dollars  and  -  -  cents* 

for  stamp-tax  on  cigars  in  the  twelve  months  en  ding  the day 

of ,  in  the  year  eighteen  hundred  and , —  the  said  tax 

not  having  been  duly  paid  by  stamp  at  the  time  and  in  the 
manner  provided  by  law;  which  said  list  afterwards,  to  wit, 

on  the day  of  ,  in  the  year  eighteen  hundred  and 

,  was  received  by  the  said  Collector,  to  wit,  at  -  -  afore- 
said ;  and  thereupon  the  said  Collector  then  and  there  gave  to 

the  said  C P and  P B —  -  notice  in  writing  of 

the  said  assessment,  stating  the  amount  and  demanding  pay- 

i  See  Sec.  3182,  R  S. 


432  FORMS   ADAPTED   TO   CIVIL   CASKS. 

ment  of  the  same:  Nevertheless,  although  they  were  then 
and  there  by  law  required,  as  such  manufacturers  of  cigars,  to 

pay  that  amount  to  the  said  Collector,  the  said  C P- 

and  P —  -  B —  -  did  not  then  or  afterwards  pay  the  same,  or 
any  part  thereof,  to  the  said  Collector,  but  have  hitherto  neg- 
lected and  refused  so  to  do.  And  the  said  C P and 

P B having  failed  to  pay  to  the  said  Collector  the 

amount  of  the  said  assessment  within  ten  days  after  such  no- 
tice as  aforesaid,  they  the  said  C P and  P B — 

thereby,  and  by  force  of  the  statute2  in  such  case  made  and 
provided,  upon  the  expiration  of  the  said  term  of  ten  days,  to 
wit,  on  the day  of ,  in  the  same  year  eighteen  hun- 
dred and ,  there  became  liable  to  pay  to  the  said  United 

States  a  penalty  of  five  per  centum  additional  upon  the  said 
amount  so  assessed,  and  interest  on  that  amount  from  the  day 
last  aforesaid  at  the  rate  of  one  per  centum  a  month :  Never- 
theless the  said  C P and  P B have  not  paid 

to  the  said  United  States  the  penalty  or  interest  aforesaid,  or 
any  part  of  either,  but  have  hitherto  neglected  and  refused  so 
to  do. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  been  forfeited,  and  thereby  an  action  has  accrued  to  the 

said  United  States  to  demand  and  have  of  the  said  C 

P ,  P B ,  M V-    -  and  A L the  said 

sum  of  nine  hundred  dollars  in  the  said  writing  obligatory 

mentioned :  Yet  the  said  C—   -  P ,  P B ,  M— 

V and  A L ,  though  requested,  have  not  paid  to 

the  said  United  States  that  sum  of  money,  or  any  part  thereof, 
but  refuse  so  to  do;  to  the  damage  of  the  said  United  States 
of  nine  hundred  dollars. 

Whereupon  the  said  Attorney  of  the  said  United  States, 
who  prosecutes  as  aforesaid,  for  the  said  United  States  prays 
the  consideration  of  the  court  here  in  the  premises,  and  that 
due  process  of  law  may  be  awarded  against  them  the  said 

C P ,  P—    -  B ,  M-    -  V-    -  and  A L- 

in  this  behalf,  to  make  them  answer  to  the  said  United  States 
concerning  the  premises  aforesaid. 

» 
United-States  Attorney. 

2  See  Sec.  3184,  R  S. 


INTERNAL   REVENUE.  4:33 

Praecipe  for  summons. 

No.  686. 

UNITED-STATES  CIRCUIT  COURT,  NORTHERN  DISTRICT  OF , 

NORTHERN  DIVISION. 

The  United  States  of  America  " 


vs. 


C P ,  P B- 

M Y and  A- 


No. . 

>•  Information  of  debt. 
Debt  $900.     Damages  $900. 

Let  a  summons issue  as  above,  returnable  to  the  

Term,  189-.  — , 

United-States  Attorney. 
To ,  Esq.,  Clerk. 


Declaration  in  debt,  on  bond  of  an  internal-revenue  gauger. 
Breach,  permitting  unlawful  removal  of  spirits,  and 
conspiring  with  others  to  defraud  the  United  States  of 
the  tax  on  the  same,  contrary  to  Sec.  3169, 11.  S. 

No.  687. 

1 whereby,  after  reciting  to  the  effect  that  the  said 

A "W had  been  appointed  a  United-States  Internal- 
Revenue  Ganger  for  the Collection-District  of  the  state 

of ,  it  was  provided 2  that  if  the  said  A "W should 

faithfully  discharge  the  duties  assigned  to  him  by  law  or  reg- 
ulations as  such  Internal-Revenue  Gauger,  then  the  said  writ- 
ing obligatory  should  be  void  and  of  no  effect,  and  otherwise 
should  remain  in  full  force  and  virtue:  And  thereupon  the 

said  A W ,  having  been  appointed  a  ganger  as  in  the 

said  condition  mentioned,  under  the  authority  of  the  internal- 
revenue  law  of  the  said  United  States,  then  and  there  took 
upon  himself  the  said  office  of  gauger,  and  thenceforth  was 
such  gauger  for  the  said  collection-district,  and  acting  as  such 
under  the  authority  aforesaid :  Nevertheless  the  said  A 

1  Begin  as  in  No.  653,  ante. 

2  Sec.  3156,  R  S.,  requires  gaugers  to  give  such  bond. 

28 


434  FORMS    ADAPTED   TO   CIVIL   CASES. 

"W did  not  faithfully  discharge  the  duties  assigned  to  him 

by  law  and  regulations  as  such  gauger,  but  neglected  and  re- 
fused so  to  do,  to  the  injury  of  the  said  plaintiffs. 

And  for  assigning  a  breach  of  the  said  condition,  the  said 
plaintiffs  say,  that  while  the  said  A—  -  W-  -  was  such 
gauger  as  aforesaid,  and  assigned  for  duty  and  acting  as  such 
at  a  certain  distillery  known  as  the  distillery  of  the  -  -  Dis- 
tilling Company,  situate  in  the  city  of ,  in  the  collection- 
district  aforesaid,  to  wit,  on  the day  of ,  in  the  year 

eighteen  hundred  and ,  in  the  District  of  aforesaid, 

he  the  said  A —  -  "W did  permit  divers  persons  to  the 

said  plaintiffs  unknown  to  unlawfully  remove,  and  they  the 
said  persons  unknown  did  by  and  with  such  permission  of 

the  said  A W unlawfully  remove,  from  the  distillery 

aforesaid,  a  certain  large  quantity,  to  wit, proof-gallons 

of  distilled  spirits,  produced  at  the  said  distillery,  and  sub- 
ject to  the  internal-revenue  tax  imposed  by  law,  to  some 
place  to  the  said  plaintiffs  unknown,  other  than  the  distillery- 
warehouse  provided  by  law,  without  the  payment  of  the  said 
tax  on  the  said  distilled  spirits;  whereby  the  said  plaintiffs 
were  defrauded  of  the  amount  of  the  said  tax  on  the  distilled 

spirits  aforesaid,  to  wit,  the  sum  of ,  and  lost  and  were 

deprived  of  the  same,  to  wit,  on  the  day  last  aforesaid,  at 

aforesaid. 

And  for  assigning  a  further  breach  of  the  said  condition, 

the  said  plaintiffs  say,  that  while  the  said  A—    -  W was 

such  gauger  as  aforesaid,  and  assigned  for  duty  and  acting  as 

such  at  the  distillery  aforesaid,  to  wit,  on  the day  of 

— ,  in  the  same  year  189-,  at aforesaid,  in  the  judicial 

and  collection  districts  aforesaid,  he  the  said  A—    -  W- 
did   conspire   and   collude  with  divers  persons  to  the  said 
plaintiffs  unknown  to  defraud  the  said  plaintiffs  of  the  amount 
of  the  internal-revenue  tax  on  a  certain  other  large  quantity, 

to  wit, proof-gallons,  of  distilled  spirits,  subject  to  the 

tax  aforesaid,  and  then  being  in  the  said  distillery  and  the  dis- 
tillery-warehouse thereto  pertaining;  in  pursuance  and  by 
means  of  which  conspiracy  and  collusion  the  last-mentioned 
persons  unknown  then  and  there  removed  the  distilled  spirits 
last  aforesaid  from  the  distillery  and  warehouse  aforesaid, 
and  eloigned  and  disposed  of  the  same  distilled  spirits,  with- 


INTERNAL   REVENUE.  435 

out  the  payment  of  the  said  tax  thereon,  and  thereby  defrauded 
the  said  plaintiffs  of  the  amount  of  the  said  tax  on  the  same : 
by  means  whereof  the  said  plaintiffs  then  and  there  lost  and 
were  deprived  of  the  amount  of  the  said  tax  on  the  distilled 
spirits  last  aforesaid,  to  wit,  the  sum  of  . 

And  for  assigning  a  further  breach  of  the  said  condition,  the 

said  plaintiffs  say,  that  while  the  said  A "W was  such 

gauger  as  aforesaid,  and  assigned  for  duty  and  acting  as  such 

at  the  distillery  last  aforesaid,  to  wit,  on  the day  of , 

in  the  same  year  189-,  and  at  divers  other  times  as  well  before 
as  since  that  day,  at aforesaid,  divers  other  large  quan- 
tities, together  amounting  to proof-gallons,  of  distilled 

spirits,  produced  at  that  distillery,  and  subject  to  the  internal- 
revenue  tax  imposed  by  law,  were  by  and  with  the  collusion, 

connivance  and  assistance  of  the  said  A "W removed 

from  the  distillery  and  warehouse  last  aforesaid,  and  eloigned 
and  disposed  of,  without  the  payment  of  the  said  tax  thereon ; 
whereby  the  said  plaintiffs  have  been  defrauded  of  and  lost 
the  amount  of  the  said  tax  on  the  distilled  spirits  last  afore- 
said, that  is  to  say,  the  sum  of ,  to  wit,  at aforesaid. 

By  reason  of  which  premises,  etc.1 


Demurrer,  general  and  special,  to  plea  to  foregoing  decla- 
ration. 

No.  688. 

[Title  as  in  No.  719,  postJ]  And  the  said  plaintiffs,  as  to 

the  plea  of  the  said  defendants  by  them above  pleaded, 

say  that  the  same,  and  the  matters  therein  contained,  in  man- 
ner and  form,  etc.,  are  not  sufficient  in  law  to  bar  the  said 
plaintiffs,  etc.,  and  that  they  are  not  bound  by  law  to  answer 
the  same ;  and  this  they  are  ready  to  verify :  Wherefore,  for 
want  of  a  sufficient  plea  in  this  behalf,  the  said  plaintiffs  pray 
judgment,  etc. 

And  for  special  causes  of  demurrer  to  the  said plea, 

the  said  plaintiffs  show  to  the  court  here  the  following,  that 
is  to  say:  1.  The  said plea  is  double,  in  this,  that  the 

1  Conclude  as  in  No.  653,  ante. 


436  FOKMS    ADAPTED   TO   CIVIL   CASES. 

said  defendants  thereby  attempt  to  set  up  a  conviction  of  the 

said  A W—    -  of  certain  offenses,  and  also  a  pardon  of 

the  said  A "W of  the  same  offenses.    2.  The  said  - 

plea  is  otherwise  informal,  defective  and  insufficient. 

Information l  of  debt  on  distiller's  bond.  Breach,  non-pay- 
ment of  assessment  (under  Sec.  3182,  R.  S.,)  for  tax  on 
distilled  spirits,  and  of  penalty  and  interest  (under 

Sec.  3184,  R.  S.). 

No.  689. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  the  Lake  Shore  Distilling  Company,  (a  corporation  under 

that  name,}   B A.  H ,  H C.  B and  A — 

C ,  on  the day  of ,  in  the  }Tear  eighteen  hundred 

and ,  to  wit,  at ,  in  the  district  aforesaid,  by  their 

writing  obligatory,  bearing  date  of  that  day,  and  now  to  the 
court  here  shown,  acknowledged  themselves  to  be  held  and 
firmly  bound,  jointly  and  severally,  unto  the  said  United 

States,  in  the  sum  of dollars,  to  be  paid  to  the  said  United 

States;  which  said  writing  obligatory  was  and  is  subject  to  a 
certain  condition  thereunder  written,  whereby,  after  reciting 
to  the  effect  that  the  said  Lake  Shore  Distilling  Company  in- 
tended on  and  after  the day  of  -  — ,  in  the  same  year 

eighteen  hundred  and ,  to  be  engaged  in  the  business  of 

a  distiller,  within  the Collection-District  of  the  state  of 

— ,  to  wit,  at Avenue,  in  the  city  of aforesaid,  it 

was  in  effect  provided  that  if  the  said  Lake  Shore  Distilling 
Company  should  in  all  respects  faithfully  comply  with  all  the 
provisions  of  law  in  relation  to  the  duties  and  business  of  dis- 
tillers, and  should  pay  all  penalties  which  should  be  incurred 
by  the  said  company,  or  fines  which  should  be  imposed  upon 
it,  for  violation  of  any  of  those  provisions,  and  should  not 
suffer  the  lot  or  tract  of  land,  or  any  part  of  the  same,  on 
which  the  said  company's  distillery  stood,  or  any  of  the  dis- 
tilling-apparatus  thereof,  to  be  encumbered  by  mortgage, 
judgment,  or  other  lien,  during  the  time  in  which  the  said 
company  should  carry  on  the  said  business,  thenvthe  said  ob- 

1  See  No.  630,  note  1. 

2  Begin  as  in  No.  673,  ante. 


INTERNAL   REVENUE.  437 

ligation  should  be  void,  and  otherwise  should  remain  in  full 
force:  And  the  said  Lake  Shore  Distilling  Company  after- 
wards, to  wit,  on  the  day  last  aforesaid,  became  engaged  in 
the  business  of  a  distiller,  and  thenceforth  carried  on  the 
same,  at  the  distillery  in  the  said  condition  mentioned;  yet 
the  said  company  did  not  in  all  respects  faithfully  comply 
with  all  the  provisions  of  law  in  relation  to  the  duties  and 
business  of  distillers,  or  pay  all  the  penalties  incurred  by  the 
said  company  for  violation  of  those  provisions,  but  neglected 
and  refused  so  to  do,  to  the  injury  of  the  said  United  States. 

And  for  assigning  a  breach  of  the  said  condition,  the  said 
Attorney  of  the  said  United  States,  who  prosecutes  as  afore- 
said, for  the  said  United  States  says,  that  after  the  said  Lake 
Shore  Distilling  Company  so  became  engaged  in  the  business 

of  a  distiller,  to  wit,  on  the  -  —  day  of  ,  in  the  year 

eighteen  hundred  and  ,  the  Commissioner  of  Internal 

Revenue  of  the  said  United  States,  having  then  obtained 
knowledge  of  the  fact  in  that  behalf,  duly  made  a  certain  as- 
sessment of  tax,  under  the  internal-revenue  laws  3  of  the  said 
United  States,  against  the  said  company,  (by  the  style  and  des- 
ignation of  II C,  F- and  G M ,  constituting 

the  firm  of  the  Lake  Shore  Distilling  Co.,  ),  in  respect 

of  its  said  business  of  a  distiller,  and  certified  and  returned  to 
the  Collector  of  Internal  Revenue  of  the  said  United  States 
for  the  collection-district  aforesaid  a  list  containing  the  said 
assessment,  that  is  to  say,  an  assessment  of dollars  and 

—  cents,  for  tax  on gallons  of  distilled  spirits,  at  ninety 

cents  a  gallon,  for  the  period  from  the  day  of ,  in 

the  year  eighteen  hundred  and ,  to  the day  of , 

in  the  same  year, —  the  said  tax  on  the  said  distilled  spirits 
not  having  been  duly  paid  by  stamp  at  the  time  and  in  the 
manner  provided  by  law;  which  said  list  afterwards,  to  wit, 

on  the day  of ,  in  the  same  'year  eighteen  hundred 

and  -  — ,  was  received  by  the  said  Collector,  to  wit,  at  

aforesaid ;  and  thereupon  the  said  Collector  then  and  there 
gave  to  the  said  Lake  Shore  Distilling  Company  notice  in 
writing  of  the  said  assessment,  stating  the  amount  and  de- 
manding payment  of  the  same :  Xevertheless,  although  it  was 
then  and  there  by  law7  the  duty  of  the  said  Lake  Shore  Dis- 
'  See  Sec.  3182,  R  a 


438  FORMS   ADAPTED   TO   CIVIL   CASES. 

tilling  Company  to  pay  that  amount  to  the  said  Collector,  the 
said  company  did  not  then  or  afterwards  pay  the  same,  or  any 
part  thereof,  to  the  said  Collector,  but  has  hitherto  neglected 
and  refused  so  to  do.  And  the  said  Lake  Shore  Distilling 
Company  having  failed  to  pay  to  the  said  Collector  the  amount 
of  the  said  assessment  within  ten  days  after  such  notice  as 
aforesaid,  the  said  company  thereby,  and  by  force  of  the  stat- 
ute4 in  such  case  made  and  provided,  upon  the  expiration  of 

the  said  term  of  ten  days,  to  wit,  on  the day  of  -  — ,  in 

the  year  eighteen  hundred  and ,  there  became  liable  to 

pay  to  the  said  United  States  a  penalty  of  five  per  centum 
additional  upon  the  said  amount  so  assessed,  and  interest  on 
that  amount  from  the  day  last  aforesaid  at  the  rate  of  one 
per  centum  a  month ;  nevertheless  the  said  Lake  Shore  Dis- 
tilling Company  did  not  then  or  afterwards  pay  to  the  said 
United  States  the  penalty  and  interest  aforesaid,  or  any  part 
of  either,  but  has  hitherto  neglected  and  refused  so  to  do. 
By  reason  of  which  premises,  etc.6 

«  See  Sec.  8184,  R  S. 

5  Conclude  as  in  No.  685,  ante. 


POST-OFFICE. 


Declaration  in  debt  to  recover  proceeds  of  money-order 
business,  withheld  by  postmaster.  Three  counts:  1. 
Money  had  and  received,  viz.,  proceeds,  etc,  2.  Money 
had  and  received.  3.  Interest. 

No.  690. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  year  189-. 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by ,  their  Assistant  Attorney  for  the  District 

of  ,  complain  of  G—    -  F.  D ,  defendant,  of  a  plea 

that  he  render  to  the  said  plaintiffs  the  sum  of ,!  which 

he  owes  to  and  unjustly  detains  from  them :  For  that  whereas 

the  said  defendant,  on  the day  of  -  — ,  in  the  year  188-, 

and  thenceforth  until  and  on  the  day  of ,  in  the 

year  189-,  was  postmaster  at  a  money-order  office,  to  wit,  the 

post-office  at  B ,  in  the  state  of  ,  and  within  that 

period  did  as  such  postmaster  collect  and  receive  divers 
moneys,  the  same  being  moneys  derived  from  the  money-order 
business  of  the  said  post-office  during  the  same  period,  to 

wit,  in  the  district2  aforesaid ;  and  on  the day  of ,  in 

the  same  year  189-,  to  wit,  in  the  district  aforesaid,  there  re- 
mained in  the  hands  of  the  said  defendant,  of  such  proceeds 
of  the  money-order  business  aforesaid,  divers  large  sums  of 
money  which  then  ought  to  have  been  by  the  said  defendant 
paid  and  turned  over  to  the  said  plaintiffs,  that  is  to  say,  of 
such  proceeds  for  the  fourth  quarter  of  the  year  188-  the 

sum  of ,  and  for  the  year  188-  the  sum  of ,  and  for 

the  year  188-  the  sum  of ,  and  for  the  first  three  quarters 

1  For  form  of  copy  of  account,  see  No.  707,  post. 

2  See  No.  715,  note  3,  post. 


44:0  FORMS    ADAPTED   TO   CIVIL   CASES. 

of  the  year  189-  the  sum  of ,  and  together  amounting  to 

the  sum  of  -  — ;  and  thereby  the  said  defendant,  on  the  day 
last  aforesaid,  there  became  and  was  indebted  and  liable  to 
the  said  plaintiffs  in  the  sum  last  aforesaid,  to  be  paid  to  the 
said  plaintiffs  by  the  said  defendant,  when  he  should  be 
thereto  requested :  Whereby,  and  by  reason  of  the  last-men- 
tioned sum  of  money  remaining  wholly  unpaid,  an  action  has 
accrued  to  the  said  plaintiffs  to  demand  and  have  of  the  said 
defendant  that  sum  of  money,  parcel  of  the  said  sum  above 
demanded. 

And  whereas  also  the  said  defendant,  on  the day  of 

— ,  in  the  year  189-,  in  the  district  aforesaid,  had  and  re- 
ceived a  certain  other  sum  of  money,  to  wit,  the  sura  of  -  — , 
to  and  for  the  use  of  the  said  plaintiffs,  and  to  be  paid  to  them 
by  the  said  defendant  when  he  should  be  thereunt®  requested; 
whereby,  and  by  reason  of  the  last-mentioned  sum  of  money 
remaining  wholly  unpaid,  an  action  has  accrued  to  the  said 
plaintiffs  to  demand  and  have  of  the  said  defendant  that  sum 
of  money,  other  parcel  of  the  said  sum  above  demanded. 

And  whereas  also  the  said  defendant,  on  the  said day 

of  -  — ,  in  the  year  189-,  in  the  district  aforesaid,  was  in- 
debted to  the  said  plaintiffs  in  a  certain  other  sum  of  money, 

to  wit,  the  sum  of ,  for  interest  on  and  the  forbearance 

of  divers  large  sums  of  money  before  then  due  and  owing 
from  the  said  defendant  to  the  said  plaintiffs,  and  by  them 
forborne  to  him,  at  his  request,  for  divers  long  spaces  of  time 
before  then  elapsed ;  which  sum  of  money  last  above  specified 
was  to  be  paid  to  the  said  plaintiffs  by  the  said  defendant, 
when  he  should  be  thereunto  requested;  whereby,  and  by 
reason  of  the  last-mentioned  sum  of  money  remaining  wholly 
unpaid,  an  action  has  accrued  to  the  said  plaintiffs  to  demand 
and  have  of  the  said  defendant  that  sum  of  money,  residue  of 
the  said  sum  above  demanded. 

Yet  the  said  defendant,  although  often  requested  so  to  do, 

has  not  paid  to  the  said  plaintiffs  the  said  sum  of above 

demanded,  or  any  part  thereof,  but  to  pay  the  same  has 
hitherto  wholly  refused,  and  still  does  refuse;  to  the  damage 

of  the  said  plaintiffs  of ,  and  therefore  they  bring  their 

suit,  etc.  , 

Asst.  U.  S.  Attorney. 


POST-OFFICE.  .  441 

Appearance  of  defendant. 

No.  691. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States,  etc.,  \  No. . 

vs.  >•  Debt. 

G F.  D .         )  The  appearance  of  the  defendant 

in  the  above-entitled  cause  is  hereby  entered,  by  his  attorneys, 


Waiver  of  jury. 

No.  692. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  . 

Term,  189-. 

The  United  States,  etc.,  \  No. . 

vs.  V  Debt. 

G F.  D .         )  The  parties  plaintiff  and  defendant 

hereby  waive  a  jury  in  this  cause,  and  consent  that  the  same 
be  tried  by  the  court,  without  a  jury. 

5 

United-States  Attorney. 


Attorneys  for  defendant. 

Special  findings  of  fact. 

No.  693. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Term,  189-. 

The  United  States  \  No. . 

vs.  L  Debt. 

G F.  D .    )  Be  it  remembered,  that  this  cause  came 

on  to  be  tried  at  this  term  by  the  court,  without  the  interven- 
tion of  a  jury,  the  attorneys  of  record  of  the  respective  parties 


4  I  '1     '  FORMS   ADAPTED   TO   CIVIL   CASES. 

hereto  having  filed  with  the  clerk  a  stipulation  in  writing 
waiving  a  jury.  And  upon  such  trial  of  this  cause, —  which  is 
a  suit  to  recover  certain  moneys  retained  by  the  defendant  as 
money-order  commissions  and  compensation  for  issuing  and 
paying  money-orders,  and  claimed  by  him  as  such  under  Sec- 
tion 4017  of  the  Revised  Statutes, —  the  court,  having  heard 
all  the  testimony  offered  by  the  parties,  and  the  arguments 
of  their  counsel,  found  as  follows : 


Judge. 

• 

Praecipe  for  writ  of  error,  etc. 

No.  694. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States  of  America  \  No. . 

vs.  V  Debt. 

G F.  D .  )   Let  a  writ  of  error  issue,  for 

the  removal  of  the  above-entitled  cause  to  the  Supreme  Court 
of  the  United  States ;  and  upon  the  issuing  of  such  writ  let 
the  proper  transcript  be  made  and  returned,  and  the  proper 
citation  issue.  , 

United-States  Attorney. 
To  S W.  B ,  Esq.,  Clerk. 


Declaration  in  debt,  against  one  of  the  sureties,  on  the 
bond  of  a  postmaster  failing  to  pay  over  public  moneys. 

No.  695. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  - 

year  189—. 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by ,  their  Attorney  for  the  District  of  , 

complain  of  A N.  N ,  defendant,  of  a  plea  that  he 

render  unto  the  said  plaintiffs  the  sum  oifive  hundred  dollars, 


POST-OFFIOE.  44:3 

which  the  said  defendant  owes  to  and  unjustly  detains  from 
the  said  plaintiffs:  For  that  whereas  the  said  defendant,  on 

the day  of ,  in  the  year  eighteen  hundred  and  -  — , 

at ,  in  the  district  aforesaid,  by  his  writing  obligatory, 

bearing  date  of  that  day,  and  now  to  the  court  here  shown, 
acknowledged  himself  to  be  held  and  firmly  bound  unto  the  said 
plaintiffs  in  the  sum  of  five  hundred  dollars  above  demanded, 
to  be  paid  to  the  said  plaintiffs;  which  said  writing  obligatory 
was  and  is  subject  to  a  certain  condition  thereunder  written, 

whereby,  after  reciting  to  the  effect l  that  one  J O 

(therein  styled  J.  O )  was  then  postmaster  at afore- 
said, it  was  provided  that  if  the  said  J O should  well 

and  truly  execute  the  duties  of  the  said  office,  according  to 
law  and  the  instructions  of  the  Postmaster-General,  and  faith- 
fully, once  in  three  months,  or  oftener  if  thereto  required, 
render  accounts  of  his  receipts  and  expenditures  as  postmas- 
ter, to  the  Post-Office  Department,  in  the  manner  and  form 
prescribed  by  the  Postmaster-General  in  his  several  instruc- 
tions to  postmasters, —  and  should  pay  the  balance  of  all 

moneys  that  should  come  to  has  the  said  J- O 's  hands 

from  postage  collected,  postage-stamps  and  stamped  envelopes 
sold,  or  money-orders  issued,  by  him,  or  from  any  other  source 
connected  with  the  postal  service,  in  the  manner  prescribed 
by  the  Postmaster-General  of  the  said  United  States  for  the 
time  being, —  and  should  keep  safely,  without  loaning,  using, 
depositing  in  other  banks,  or  exchanging  for  other  funds  than 
as  allowed  by  law,  all  the  public  money  collected  by  him  the 
said  J O ,  or  otherwise  at  any  time  placed  in  his  pos- 
session and  custody,  till  the  same  should  be  ordered  by  the 
Postmaster-General  to  be  transferred  or  paid  out, —  and  when 
such  orders  for  transfer  or  payment  should  be  received,  should 
faithfully  and  promptly  make  the  same  as  directed, —  and 
should  also  faithfully  do  and  perform  all  of  the  duties  and 
obligations  imposed  upon  or  required  of  him  by  law  or  the 
rules  and  regulations  of  the  Post-Office  Department  in  con- 
nection with  the  money-order  business, —  and  should  also  do 
and  perform,  as  agent  and  depositary  for  the  said  Post-Office 
Department,  all  such  acts  and  things  as  might  be  required  of 
him  the  said  J—  -  O—  -  by  the  Postmaster-General, —  and 

1  See  No.  715,  note  2,  post. 


444:  FORMS    ADAPTED   TO   CIVIL   CASES. 

M 

moreover  should  faithfully  account  with  the  said  United 
States,  in  the  manner  directed  by  the  said  Postmaster-General, 
for  all  moneys,  postage-stamps,  stamped  envelopes,  postal- 
cards,  bills,  bonds,  notes,  drafts,  receipts,  vouchers,  money- 
orders,  blanks,  mail-keys,  maps  and  other  property  and  papers 

which  he  the  said  J—  -  O ,  as  postmaster  or  as  agent  and 

depositary  as  aforesaid,  should  receive  for  the  use  and  benefit 
of  the  said  Post-Office  Department, —  then  the  said  obligation 
should  be  void,  and  otherwise  should  be  of  force.  And  the 

said  plaintiffs  in  fact  say,  that  the  said  J 0 was  such 

postmaster  as  in  the  said  condition  mentioned ;  yet  he  did  not 
faithfully  comply  with  or  perform  the  said  condition,  but  neg- 
lected and  refused  so  to  do,  to  the  injury  of  the  saii  plaintiffs. 
And  for  assigning  a  breach  of  the  condition  aforesaid,  the 
said  plaintiffs  say,  that  before  and  on  the day  of  -  — , 


in  the  year  eighteen  hundred  and  -  — ,  at  -  -  aforesaid, 
and  while  the  said  J O was  such  postmaster  as  afore- 
said, he  the  said  J O ,  as  such  postmaster  and  as  agent 

and  depositary  for  the  said  Post-Office  Department  of  the 
said  United  States,  received  for  the  use  and  benefit  of  the 
said  Post-Office  Department  divers  moneys,  postage-stamps, 
[etc.,  as  above] ;  for  which  moneys,  [etc.,  as  above,]  he  the  said 

J O—  -  ought  then  and  there  to  have  accounted  with  the 

said  United  States;  yet  the  said  J O—   -  did  not  nor 

would  then  or  afterwards  in  any  manner  account  for  the  same 
with  the  said  United  States,  but  has  hitherto  neglected  and 
refused  so  to  do. 

And  for  assigning  a  further  breach  of  the  said  condition, 
the  plaintiffs  say,  that  on  the  said  — —  day  of  -  — ,  in  the 

year  189-,  at  aforesaid,  there  was  in  the  hands  of  the 

said  J O the  sum  of  -  — ,  the  same  being  a  balance 

of  moneys  which  had  come  to  his  hands  as  such  postmaster 
from  postage  collected,  postage-stamps  and  stamped  envelopes 
sold,  and  money-orders  issued,  by  him,  and  from  other  sources 
connected  with  the  postal  service  of  the  said  United  States, 
while  he  was  such  postmaster  as  aforesaid ;  and  that  he  the 

said  J—   -  O did  not  nor  would  then  or  afterwards  in  any 

manner  pay  to  or  for  the  said  United  States  the  >  balance  of 
moneys  aforesaid,  or  any  part  thereof,  although  it  was  then 
and  there  his  duty  to  pay  the  same. 


POST-OFFICE.  445 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  plaintiffs  to  demand  and  have  of  the  said  defendant 
the  said  sum  of  jive  hundred  dollars  above  demanded :  Yet 
the  said  defendant,  though  requested,  has  not  paid  to  the  said 
plaintiffs  that  sum  of  money,  or  any  part  thereof,  but  refuses 
so  to  do;  to  the  damage  of  the  said  plaintiffs  of  three  hundred 
dollars,  and  therefore  they  bring  their  suit,  etc. 


United-States  Attorney. 


Declaration  in  debt,  on  the  bond  of  a  postmaster,  against 
the  principal  and  all  the  sureties  but  one  (deceased,) 
to  recover  money  remaining  due  the  United  States  on 
postal  and  money-order  accounts. 

No.  696. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the  — —  Term,  in  the  year  189-. 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by ,  their  Attorney  for  the  District  of  -    — , 

complain  of  J M.  A ,  K M.  H ,  C—  -  H— 

and  T S.  D — — ,  defendants,  of  a  plea  that  they  render 

unto  the  said  plaintiffs  the  sum  of dollars,  which  the  said 

defendants  owe  to  and  unjustly  detain  from  the  said  plaintiffs : 
For  that  whereas  the  said  defendants,  (together  with  one 

O S.  H ,  since  deceased,)  on  the  day  of ,  in 

the  year  eighteen  hundred  and ,  at  the  city  of ,  in 

the  district  aforesaid,  by  their  writing  obligatory,  bearing 
date  of  that  day,  and  now  to  the  court  here  shown,  acknowl- 
edged themselves  to  be  held  and  firmly  bound,  jointly  and 

severally,  unto  the  said  plaintiffs,  in  the  sum  of dollars 

above  demanded,  to  be  paid  to  the  said  plaintiffs;  which  said 
writing  obligatory,  and  a  certain  condition  thereunder  writ- 
ten, were  and  are  in  the  words  and  figures  following,  to  wit : 
[here  set  out  a  copy  of  the  bond,  likely  to  be  of  the  form  indicated 
by  the  recitals  in  No.  695,  ante\ 


446  FORMS   ADAPTED   TO   CIVIL   CASES. 

And  the  said  J M.  A having  been  appointed  to  the 

office  of  postmaster  at  —  -  aforesaid,  and  the  said  appoint- 
ment having  been  confirmed  by  the  Senate  of  the  said  United 

States,  as  in  the  said  condition  recited,  he  the  said  J M. 

A —  -  thereupon,  to  wit,  on  the  said day  of ,  in  the 

year  189-,  at aforesaid,  in  the  district  aforesaid,  entered 

upon  the  duties  of  the  said  office,  and  became,  and  thenceforth 
for  a  long  space  of  time  was,  such  postmaster  as  aforesaid. 

Yet  the  said  J M.  A—   -  has  not  kept  or  performed  the 

said  condition  of  the  said  writing  obligatory,  but  has  neg- 
lected and  failed  so  to  do,  to  the  injury  of  the  said  plaintiffs. 

And  for  assigning  a  breach  of  the  said  condition,  the  said 

plaintiffs  say,  that  heretofore,  to  wit,  on  the day  of , 

in  the  year  eighteen  hundred  and ,  at aforesaid,  there 

was  in  the  hands  of  the  said  J M.  A a  large  sum  of 

money,  to  wit,  the  sum  of ,  the  same  being  a  balance  of 

moneys  which  had  come  to  his  hands  as  such  postmaster  from 
postage  collected,  and  postage-stamps  and  stamped  envelopes 
sold,  by  him,  and  from  other  sources  connected  with  the  postal 
service  of  the  said  United  States,  while  he  was  such  postmas- 
ter as  aforesaid;  and  that  he  the  said  J M.  A—  -  did  not 

nor  would  then  or  afterwards  in  any  manner  pay  to  or  for 
the  said  United  States  the  balance  of  moneys  aforesaid,  or  any 
part  thereof,  although  he  was  then  and  there  requested  to  pay 
the  same,  and  although  the  manner  of  paying  the  same  had 
been  prescribed  by  the  Postmaster-General  of  the  said  United 

States  for  the  time  being,  whereof  he  the  said  J M.  A— 

then  and  there  had  notice. 

And  for  assigning  a  further  breach  of  the  said  condition, 
the  said  plaintiffs  say,  that  heretofore,  to  wit,  on  the  — 
day  of  -  — ,  in  the  same  year  189-,  at  —  -  aforesaid,  there 

was  in  the  hands  of  the  said  J M.  A a  certain  other 

large  sum  of  money,  to  wit,  the  sum  of ,  the  same  being 

a  balance  of  moneys  which  had  come  to  his  hands  as  such 
postmaster  from  money-orders  issued  by  him,  and  from  other 
sources  connected  with  the  postal  service  of  the  said  United 
States  and  relating  to  postal  money-orders,  while  he  was  such 
postmaster  as  aforesaid ;  and  that  he  the  said  J — —  M.  A — 
did  not  nor  would  then  or  afterwards  in  any  manner  pay  to 
or  for  the  said  United  States  the  balance  of  moneys  last  afore- 


POST-OFFICE.  447 

said,  or  any  part  thereof,  although  he  was  then  and  there  re- 
quested so  to  do,  and  although  the  manner  of  paying  the  same 
had  been  prescribed  by  the  Postmaster-General  of  the  said 

United  States  for  the  time  being,  whereof  he  the  said  J 

M.  A then  and  there  had  notice. 

And  for  assigning  a  further  breach  of  the  said  condition,  the 
said  plaintiffs  say,  that  heretofore,  to  wit,  before  and  on  the 

day  of  ,  in  the  same  year  189-,  at aforesaid, 

and  while  the  said  J M.  A was  such  postmaster  as 

aforesaid,  there  was  collected  by  him,  and  otherwise  placed 
in  his  possession  and  custody,  as  such  postmaster,  certain  pub- 
lic money,  in  the  whole  amounting  to  a  large  sum,  to  wit,  the 

sum  of  ;  and  that  afterwards,  to  wit,  on  the day  of 

,  in  the  same  year  189-,  at aforesaid,  the  said  J 

M.  A received  an  order  from  the  Postmaster-General  of 

the  said  United  States  to  transfer  and  pay  over  the  same  pub- 
lic money  to  one ,  then  postmaster  at  afore- 
said ;  and  that  the  said  J M.  A—  -  did  not  faithfully  and 

promptly  make  such  transfer  or  payment,  but  has  hitherto 
neglected  and  refused  so  to  do. 

And  for  assigning  a  further  breach  of  the  said  condition, 
the  said  plaintiffs  say,  that  heretofore,  to  wit,  before  and  on 
the  day  of  ,  in  the  same  year  189-,  at afore- 
said, and  while  the  said  J M.  A was  such  postmaster 

as  aforesaid,  there  was  collected  by  him,  and  otherwise  placed 
in  his  possession  and  custody,  as  such  postmaster,  certain 
other  public  money,  in  the  whole  amounting  to  a  large  sum, 

to  wit,  the  sum.  of  ;  and  that  the  said  J M.  A— 

did  not  keep  safely,  without  using,  the  public  money  last 
aforesaid,  until  the  same  was  ordered  by  the  Postmaster-Gen- 
eral of  the  said  United  States  to  be  transferred  or  paid  out, 
but  on  the  contrary  then  and  there,  to  wit,  on  the  day  last 

aforesaid,  at aforesaid,  used  and  converted  the  same  to 

and  for  his  the  said  J M.  A 's  own  purposes,  before 

the  same  was  ordered  by  the  said  Postmaster-General  to  be 
transferred  or  paid  out. 

And  for  assigning  a  further  breach  of  the  said  condition, 
the  said  plaintiffs  say,  that  heretofore,  to  wit,  before  and  on 

the day  of ,  in  the  same  year  189-,  at  -    -  aforesaid, 

and  while  the  said  J M.  A—  -  was  such  postmaster  as 

aforesaid,  he  the  said  J M.  A ,  as  snch  postmaster  and 


FOBMS   ADAPTED   TO   CIVIL   OASES. 

as  agent  and  depositary  for  the  Post-Office  Department  of  the 
said  United  States,  received  for  the  use  and  benefit  of  the 
said  Post-Office  Department  divers  moneys,  postage-stamps, 
stamped  envelopes,  bills,  bonds,  notes,  drafts,  receipts,  vouch- 
ers, money-orders,  blanks,  and  other  property  and  papers,  to 
a  large  amount  and  of  great  value,  to  wit,  to  the  amount  and 

of  the  value  of ;  for  which  moneys,  [etc.,  as  before,']  he 

the  said  J M.  A ought  then  and  there  to  have  ac- 
counted with  the  said  United  States ;  yet  the  said  J M. 

A ,  though  thereto  then  and  there  requested,  did  not  nor 

would  then  or  afterwards  account  for  the  same  with  the  said 
United  States,  in  the  manner  directed  by  the  Postmaster- 
General  of  the  said  United  States,  or  in  any  manner  whatso- 
ever, but  has  hitherto  neglected  and  refused  so  to  do. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  plaintiffs  to  demand  and  have  of  the  said  defendants 

the  said  sum  of dollars  above  demanded:  Yet  the  said 

defendants,  though  requested,  have  not  paid  to  the  said 
plaintiffs  that  sum  of  money,  or  any  part  thereof,  but  refuse 

so  to  do;  to  the  damage  of  the  said  plaintiffs  of dollars, 

and  therefore  they  bring  their  suit,  etc. , 

United-States  Attorney. 


Motion  for  leave  to  amend  declaration. 

No.  697. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED   STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF k 

—  Term,  189-. 

The  United  States  of  America  ]  No. . 

vs.  L  Debt. 

J M.  A and  others.    J   And  the    said  plaintiffs,  by 

their  attorney  aforesaid,  now  move  the  court  here  for  leave 
to  amend  their  said  declaration  in  this  behalf,  by  striking  out 

the  words  " ,"  in  the  second  and  fourth  assignments 

of  breach  in  the  said  declaration  contained,  and  in  lieu  of  those 
words  inserting  the  words  "  -          — ." 

tl  --    _D.    J_j  • 

United-States  Attorney. 


"*  POST-OFFICE. 

^ 

Notice  of  further  claim. 

No.  698. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States,  etc.,      j  No. . 

vs.  I  Debt. 

J M.  A and  others.  )  The  defendants  will  take  notice, 

that  on  the  trial  of  this  cause  the  plaintiffs  will  claim  and 
prove,  that 

Chicago,  December  %0,  189-. 

M B , 

United-States  Attorney. 


Siniiliter1  to  certain  pleas,  and  replication  de  injitria l  to 

others. 

No.  699. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Term,  189- 

The  United  States,  etc.,      j  No. . 

vs.  V  Debt. 

J M.  A and  others.  )  And  the  said  plaintiffs,  as  to 

the  amended  fourth  and  fifth  pleas  of  the  said  J M.  A , 

by  him  above  pleaded,  and  whereof  he  has  put  himself  upon 
the  country,  do  the  like. 

And  the  said  plaintiffs,  as  to  the  pleas  of  the  said  J M. 

A by  him  tenthly  and  twelfthly  above  pleaded,  say  that  by 

reason  of  anything  in  those  pleas  alleged  the  said  plaintiffs 
ought  not  to  be  barred,  etc.,  because  they  say,  that  the  said 

J M.  A of  his  own  wrong,  and  without  the  causes,  or 

any  or  either  of  them,  in  those  pleas  respectively  assigned, 
committed  the  several  breaches  in  those  pleas  respectively 
mentioned :  And  this  the  said  plaintiffs  pray  may  be  inquired 

of  by  the  country,  etc.  , 

United-States  Attorney. 

» See  No.  739,  post. 


450  FORMS    ADAPTED   TO   CIVIL   CASES. 

Order  of  court  sustaining  motion  to  amend  declaration, 
and  that  the  same  stand  amended ;  i/<  >n.  overruling  mo- 
tion for  new  trial ;  item,  in  arrest  of  judgment. 

Judgment  for  plaintiffs  for  amount  of  debt,  with  award  of 
execution,  to  be  satisfied  on  making  damages  and  costs. 

Order  that  defendants  have  thirty  days  in  which  to  pre- 
sent and  tile  a  bill  of  exceptions. 

No.  700. 

The  United  States  )  No. . 

vs.  c  Debt. 

J—    -  M.  A and  others.   )  On  this  day  here  again  comes 

the  District  Attorney,   for  the  said  United  States,  and  also 

come  the  said  J—   -  M.  A ,  R—  -  M.  H—  -  and  C— 

M ,  by  "W —  -  C.  G ,  their  attorney  aforesaid,  none 

appearing  for  the  said   T S.   D .     And   the   court 

having  considered  the  motion  of  the  District  Attorney,  for 
the  said  United  States,  to  amend  the  declaration  herein,  so  as 
to  make  the  same  conclude  to  the  damage  of  the  said  United 

States  of dottars,  and  being  now  fully  advised  concerning 

the  same,  allows  the  said  motion,  and  orders  that  the  said 
declaration  stand  amended  accordingly. 

And  the  court  having  also  considered  the  motion  of  the 

said  J-    -  M.  A ,  R M.  H and  C M for 

a  new  trial  of  this  cause,  and  being  now  fully  advised  concern- 
ing the  same,  denies  and  overrules  the  said  motion  for  a  new 

trial.     And  thereupon  the  said  J M.  A -,  R —    -  M. 

H—  -  and  C M ,  by  their  attorney  aforesaid,  move 

the  court  to  arrest  judgment  upon  the  verdict  herein ;  and 
the  court  having  considered,  and  being  now  fully  advised 
concerning,  the  said  motion  in  arrest  of  judgment,  denies  and 
overrules  the  same.  And  the  District  Attorney,  for  the  said 
United  States,  now  moving  for  judgment  upon  the  verdict 
aforesaid,  and  having  heretofore  remitted  the  sum  of  -  -of 
the  damages  found  and  assessed  by  the  said  verdict;  and  the 
court  being  now  fully  advised  concerning  the  premises:  It  is 
therefore  considered  by  the  court,  that  the  said  United  States  re- 
cover against  the  said  J M.  A ,  R M.  II ,  C 

M and  T 8.  D the  sum  of dollars,  the  debt 


POST-OFFICE.  451 

in  the  said  declaration  mentioned,  together  with  the  costs  and 
charges  of  the  said  United  States  bv  them  about  their  suit  in 

o  ^ 

this  behalf  expended ;  and  that  the  said  United  States  have  ex- 
ecution thereof,  to  be  satisfied  upon  making  the  sum  of , 

their  damages  in  this  behalf,  and  their  costs  and  charges 

aforesaid,  taxed  at  the  sum  of . 

And  thereupon,  at  the  instance  of  the  said  J M.  A , 

R M.  H and  C M ,  it  is  ordered  by  the  court 

that  they  have  thirty  days  from  this  day  in  which  to  present 
and  file  a  bill  of  exceptions  in  this  behalf. 


Defendants'  bill  of  exceptions. 

No.  701. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  . 

The  United  States  \  No. . 

vs.  [•  Debt. 

J—    -  M.  A and   others.   )  Be  it  remembered,  that  on 

the  trial  of  this  cause  the  plaintiffs,  to  maintain  the  issues  on 
their  part,  introduced  in  evidence  a  certified  copy  of  bond, 
as  follows:  . 


The  plaintiffs  next  introduced  in  evidence  a  statement  of 

the  general  postal  account  of  the  defendant  J M.  A , 

as  postmaster,  certified  by  the  Sixth  Auditor,  under  the  seal 
of  his  office,  the  certificate  bearing  date  of  the  20th  Novem- 
ber, 189- ;  which  statement  comprised  the  period  from  

to  ,  inclusive,  and  showed  a  balance  of  due  from 

A .     It  also  appeared 


The  plaintiffs  then  introduced  in  evidence  a  supplemental 
statement  of  the  general  postal  account 

The  plaintiffs  then  introduced  in  evidence  a  statement  of 
the  money-order  account 


452  FORMS    ADAPTED   TO   CIVIL   CASE8. 

The  plaintiffs  next  offered  in  evidence  a  further  statement 
of  money-order  account,  which  statement,  with  its  annexed 
certificate,  is  as  follows :  


And  the  defendants  J M.  A ,  K—  -  H.  M and 

0 M severally  objected  to  the  receiving  of  the  last- 
mentioned  statement  in  evidence,  because  , —  and  be- 
cause -  — .  But  the  court  overruled  the  objections,  and 
allowed  the  last-mentioned  statement  of  account  to  be,  and  the 
same  accordingly  was,  read  in  evidence  to  the  jury;  to  which 

decision  of  the  court  the  defendants  A ,  M and  M— 

severally  excepted. 

F—   -  "W.  P—  -  was  then  called  as  a  witness  by  the  plaint- 
iffs, and  testified  that  -  — .     He  further  testified  that  -   — . 

Also,  that .     The  District  Attorney  then  showed  to  the 

witness,  and  offered  in  evidence,  an  authenticated  copy  of  cer- 
tificate, as  follows :  


And  thereupon  the  witness  testified  that .  The  defend- 
ants A ,  M and  M severally  objected  to  the  re- 
ceiving of  this  copy  of  certificate  in  evidence;  but  the  court 
overruled  the  objection,  and  allowed  the  paper  to  be,  and  the 
same  accordingly  was,  read  in  evidence;  to  which  decision 
those  defendants  severally  excepted. 

And  thereupon  the  plaintiffs  rested. 

The  defendants,  to  maintain  the  issues  on  their  part,  then 
called  as  a  witness ,  who  testified  that • ;  that 

— ;  and  that . 

The  defendants  then  introduced  testimony  to  show  that 


The  last-mentioned  witness  also  testified,  refreshing  his 
memory  from  the  books  of  the  bank,  that :  to  which  evi- 
dence the  District  Attorney  objected. 

It  further  appeared  in  evidence,  and  by  admission,  that . 

The  defendant  J M.  A was  then  called  as  a  witness 

for  the  defense,  and  testified  that  -  — . 

The  witness  further  said,  that . 

The  witness  then  testified  that . 

In  the  course  of  the  testimony  in  regard  to ,  D M. 

F was  called  as  a  witness  for  the  defendants,  and  there 


POST-OFFICE.  453 

was  presented  to  him  a  memorandum  which  he  said  was  a 

copy  of ;  and  the  following  questions  were  put  to  the 

witness,  and  by  him  answered  as  follows,  concerning  the  paper : 

Q.  For  what  purpose ?    A.  They  were . 

Q.  What  did ?    A.  I  gave . 

It  was  here  admitted,  as  a  fact  in  the  case,  that . 

And  the  testimony  relating  to was  then  excluded  by 

the  court;  to  which  decision  the  defendants  A ,  M 

and  M severally  excepted. 

The  defendant  A was  then  recalled  as  a  witness  for  the 

defense,  and  testified  that .     Thereupon  the  defendants 

A ,  M and  M—  -  moved  to  exclude  from  the  jury  the 

— ;  but  the  court  overruled  the  motion,  and  refused  to  ex- 
clude the ;  to  which  decision  those  defendants  severally 

excepted. 

This  was  substantially  all  the  evidence  offered  by  the  parties. 

After  the  arguments  of  counsel  to  the  jury,  the  court  charged 
the  jury  as  follows :   


The   defendants  A ,  M and  M severally  ex- 
cepted to  so  much  of  the  charge  as  directed  the  jury  to  -  — . 
The  same  defendants  also  severally  excepted  to  the  follow- 


ing language  of  the  court  in  the  charge : 


Thereupon,  at  the  request  of  the  District  Attorney,  the 

jury  were  allowed  to  take  to  the  jury-room  the  ,  the 

said  defendants  objecting;  but  the  court  overruled  the  objec- 
tion, and  permitted  the  jury  to  carry  those  papers  with  them 
into  the  jury-room;  to  which  decision  the  said  defendants 
severally  excepted. 

After  the  jury  had  returned  into  court  a  verdict  in  favor  of 
the  plaintiffs,  the  defendants  A ,  M and  M en- 
tered and  filed  their  motion  for  a  new  trial,  as  follows: 


Afterwards,  on  the day  of  ,   189-,  the  District 

Attorney  moved  to  amend  the  declaration,  so  as  to  make  the 

same  conclude  to  the  damage  of  the  United  States  of  $ ; 

and  he  also  entered  a  remittitur  of  $ of  the  damages  as- 
sessed ;  and  the  motion  to  amend  and  the  motion  for  a  new 
trial  were  thereupon  argued  and  heard.  And  afterwards,  on 


FORMS    ADAPTED   TO   CIVIL   CASES. 

the  day  of  -  — ,  189-,  the  court  sustained  the  motion 

to  amend  the  declaration,  and  overruled  the  motion  for  a  new 
trial.  And  the  defendants  A ,  M and  M—  -  sev- 
erally excepted  to  the  decision  granting  an  amendment  of  the 
declaration,  and  also  to  the  decision  denying  the  motion  for  a 
new  trial. 

Thereupon  the  defendants  entered  a  motion  in  arrest  of 
judgment,  and  assigned  as  reason  therefor  that  -  — ;  but  the 
court  denied  the  motion,  and  rendered  judgment  upon  the 
verdict,  less  the  amount  remitted.  To  which  decision,  over- 
ruling the  motion  in  arrest  of  judgment,  and  rendering  judg- 
ment for  the  amount  of  the  verdict,  less  the  sum  remitted, 
the  defendants  A ,  M and  M severally  excepted. 

And  forasmuch  as  the  foregoing  facts  do  not  appear  fully 
of  record,  the  defendants  pray  that  this  their  bill  of  exceptions 
may  be  signed  and  sealed,  and  made  a  part  of  the  record ; 

which  is  accordingly  done. 

W Q.  G ,        (Seal.) 

Circuit  Judge. 

Information l  of  debt  on  Sec.  4057,  R.  8.,  to  recover  the 
amount  of  certain  postal  money-orders,  wrongly  paid 

to  the  defendant. 

No.  702. 

gives  the  court  here  to  understand  and  be  informed, 

that  one  I—  -  N.  H—  - J  heretofore,  to  wit,  on  the day 

of ,  in  the  year  eighteen  hundred  and  -  — ,  being  then 

postmaster  of  -    -  and  for  a  money-order  office,  to  wit,  the 

post-office  of  the  said  United  States  at  L ,  in  the  territory 

of  -  — ,  as  such  postmaster  unlawfully  and  fraudulently  did 
draw  and  emit  certain  postal  money-orders,  without  having 
previously  received  the  money  therefor,  that  is  to  say,  six 
money-orders  on  the  postmaster  of  and  for  the  post-office  of 

the  said  United  States  at  F ,  in  the  state  of and  the 

district  aforesaid,  each  for  the  sum  of  -  -  dollars,  payable  to 
J—  -  Q ,  of  F—  -  aforesaid ;  and  that  the  said  I N. 

1  See  No.  630,  note  1. 

2  Begin  as  in  No.  673,  ante. 

'See  Exparte  Hibbs,  26  F.  R  421. 


POST-OFFICE.  455 

II ,  as  such  postmaster  as  aforesaid,  at  the  time  of  so  draw- 
ing and  emitting  the  said  money-orders,  unlawfully  and  fraud- 
ulently did  make  and  send  to  the  said  postmaster  at  F— 
aforesaid  a  like  number  of  letters  of  advice  corresponding  to 
the  said  money-orders  respectively,  in  and  by  which  said  let- 
ters of  advice  respectively  the  said  money-orders  were  falsely 
and  fraudulently  represented  to  have  been  purchased  by  cer- 
tain persons  designated  as  J G.  W andW,  A.  D ; 

in  consequence  of  which  said  misconduct  and  false  and  fraud- 
ulent representations  of  the  said  I—  -  N.  H ,  an  officer  in 

the  postal  service  of  the  said  United  States  as  aforesaid,  the 
sums  of  money  in  the  said  money-orders  mentioned,  together 
amounting  to  the  sum  of  -  -  dollars,  and  being  money  of 
the  Post-Office  Department  of  the  said  United  States,  were 
afterwards,  to  wit,  on  the  day  and  year  last  aforesaid,  wrongly 

paid  to  the  said  J Q ,  to  wit,  in  the  district  aforesaid  : 

Whereby,  and  by  force  of  the  statute  in  such  case  made  and 
provided,  an  action  has  accrued  to  the  said  United  States  to 

demand  and  have  of  the  said  J—   -  Q the  said  sum  of 

-  dollars  above  mentioned,  with  lawful  interest  thereon 
from  the  said  time  when  the  same  was  so  wrongly  paid  as 

aforesaid:  Yet  the  said  J Q ,  though  requested,  has 

not  paid  to  the  said  United  States  that  sum  of  money,  or  any 
part  thereof,  but  refuses  so  to  do ;  to  the  damage  of  the  said 

United  States  of dollars. 

Whereupon,  etc.4 

4  Conclude  as  in  No.  685,  ante. 


MISCELLANEOUS. 


Information  of  debt  on  United-States  consul's  bond,  for 
breach  of  one  of  the  conditions  thereof, — to  wit,  not 
accounting  for  fees.,  etc. 

No.  703. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Term,  in  the  year  189-. 

District  of ,  set. —  Be  it  remembered,  that 


Attorney  of  the  United  States  of  America  for  the  District  of 

— ,  who  for  the  said  United  States  in  this  behalf  prosecutes, 

comes  in  person  into  the  Circuit  Court  of  the  said  United 

States  for  the  district  aforesaid,  on  this  -    -  day  of .  in 

this  same  term,  and  for  the  said  United  States  gives  the  court 

here  to  understand  and  be  informed,  that  L E.  C , 

II O.  A and  N P ,  on  the day  of  -  — , 

in  the  year  eighteen  hundred  and •,  to  wit,  in  the  district1 

aforesaid,  by  their  writing  obligatory,  bearing  date  of  that 
day,  and  now  to  the  court  here  shown,  acknowledged  them- 
selves to  be  held  and  firmly  bound,  jointly  and  severally,  unto 
the  said  United  States,  in  the  sum  of  four  thousand  dollars,  to 
be  paid  to  the  said  United  States;  which  said  writing  obliga- 
tory, and  certain  conditions  thereunder  written,  were  and  are 
as  follows,  to  wit :  [fore  set  out  a  copy  of  the  bond  sued  on] : 

And  thereupon  the  said  L E.  C afterwards,  to  wit, 

on  the  day  last  aforesaid,  having  been  appointed  to  the  office 
of  consul  as  in  the  said  writing  obligatory  mentioned,  took 
upon  himself  the  duties  of  the  said  office,  and  became  and 
thenceforth  was  such  consul,  to  wit,  in  the  district  aforesaid : 
Nevertheless  the  said  L E.  C did  not  keep  or  perform 

1  See  No.  715,  note  3,  post. 


MISCELLANEOUS.  457 

the  said  condition  in  the  said  writing  obligatory  first  con- 
tained, but  neglected  and  refused  so  to  do. 

And  for  assigning  a  breach  of  that  condition,  the  said  At- 
torney of  the  said  United  States,  who  prosecutes  as  aforesaid, 

for  the  said  United  States  says,  that  while  the  said  L E. 

C—  -  was  such  consul  as  aforesaid,  to  wit,  from  and  includ- 
ing the  said day  of  ,  in  the  year  eighteen  hundred 

and ,  until  and  including  the  day  of  ,  in  the 

year  eighteen  hundred  and ,  there  came  to  his  hands  and 

were  received  by  him,  as  such  consul,  divers  fees  and  moneys, 
to  a  large  amount  and  of  great  value,  to  wit,  to  the  amount 

and  of  the  value  of  ,  and  which  by  law  he  should  have 

accounted  for  and  paid  over  to  the  said  United  States,  to  wit, 

in  the  district  aforesaid ;  yet  although  the  said  L E.  C— 

afterwards,  to  wit,  on  the  day  of  ,  in  the  year 

eighteen  hundred  and ,  was  there  requested  to  account 

for  and  pay  over  to  the  said  United  States  the  said  fees  and 
moneys,  he  did  not  then  or  afterwards  account  for  or  pay 
over  the  same,  or  any  part  thereof,  to  the  said  United  States ; 
and  the  same  fees  and  moneys  still  remain  wholly  unaccounted 
for,  and  the  amount  and  value  thereof  as  aforesaid  due  and 
wholly  unpaid,  together  with  lawful  interest  thereon  from  the 
da}'  la&t  aforesaid,  to  wit,  in  the  district  aforesaid. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 

the  said  United  States  to  demand  and  have  of  the  said  L 

E.  C ,  R O.  A and  N P the  sum  of  four 

thousand  dollars  in  the  said  writing  obligatory  mentioned: 

Yefc  the  said  L-    -  E.  C ,  E O.  A—   -  and  N- 

P have  not  paid  to  the  said  United  States  that  sum  of 

money,  or  any  part  thereof,  but  refuse  so  to  do ;  to  the  dam- 
age of  the  said  United  States  of  four  thousand  dollars. 

Whereupon  the  said  Attorney  of  the  said  United  States, 
who  prosecutes  as  aforesaid,  for  the  said  United  States  pra}rs 
the  consideration  of  the  court  here  in  the  premises,  and  that 
due  process  of  law  may  be  awarded  against  them  the  said 

L_    -  E.  C ,  R O.  A and  N P ,  to  make 

them  answer  to  the  said  United  States  concerning  the  premises 

aforesaid.  , 

United-States  Attorney. 


458  FORMS   ADAPTED   TO   CIVIL   CASES. 

Information  in  nature  of  action  on  the  case,  against  owners 
of  a  vessel,  for  damaging  a  breakwater-crib.1 

No.  704. 

-  gives  the  court  here  to  understand  and  be  informed, 
that  the  said  United  States,  before  and  at  the  time  of  the  com- 
mitting of  the  grievance  hereinafter  mentioned,  to  wit,  on  the 

-  day  of ,  in  the  year  eighteen  hundred  and  -  — ,  at 

the  city  of ,in  the  district  aforesaid,  being  then  construct- 
ing a  breakwater  for  their  harbor  at  —  —  aforesaid,  were  law- 
fully possessed,  as  of  their  own  property,  of  a  certain  crib  for 
constructing  the  said  breakwater,  and  of  a  certain  anchor,  with 
its  chain  and  cable  connecting  the  same  with  the  said  crib; 
the  said  anchor,  chain  and  cable  then  and  there  being  used  in 
and  for  the  anchoring,  sinking  and  fixing  of  the  crib  aforesaid ; 
and  that  at  the  time  of  the  committing  of  the  same  grievance 

one  II—  -  D—  -  and  one  B D were  the  owners  of  a 

certain  steam-vessel  catted  the  American  Eagle,  which  said  vessel, 
a  little  before  and  at  the  time  of  the  committing  of  the  same 
grievance,  was  navigating  and  sailing  on  the  waters  of  - 
and  the  said  harbor,  near  to  the  said  crib  and  the  said  anchor, 
chain  and  cable  thereto  attached  as  aforesaid,  and  was  then 
and  there  under  the  care,  direction  and  management  of  cer- 
tain servants  of  them  the  said  H—  -  D and  B D , 

to  wit,  at aforesaid.     And  the  said  Attorney  of  the  said 

I'nited  States,  who  prosecutes  as  aforesaid,  for  the  said  United 
States  further  gives  the  court  here  to  understand  and  be  in- 
formed, that  the  said  II D and  B D then  and 

there,  by  their  said  servants,  so  incautiously,  negligently  and 
unskillfully  managed,  navigated,  steered  and  directed  their 
said  vessel,  and  took  such  bad  care  in  the  managing,  navigat- 
ing, steering  and  directing  thereof,  that  the  said  vessel,  so 
navigating  and  sailing  as  aforesaid,  then  and  there,  by  and 
through  the  mere  default,  negligence  and  unskillfulness  of  the 

said  servants  of  them  the  said  II D and  B —  -  D , 

did  with  great  force  and  violence  run  foul  of,  upon  and  against 
the  said  chain  and  cable,  and  strike  against  the.  same:  By 

1  See  No.  633,  ante. 

2 Begin  as  in  No.  703,  685,  673,  or  652,  ante. 


MISCELLANEOUS.  459 

means  whereof  the  said  chain  and  cable  were  then  and  there 
cut  through  and  broken,  and  the  same  and  the  said  anchor, 
together  of  the  value  of  one  hundred  and  fifty  dollars,  were 
then  and  there  sunk,  and  wholly  lost  to  the  said  United  States ; 
and  the  said  United  States  then  and  there  were  compelled  to 
and  did  lay  out  and  expend  a  large  sum  of  money,  to  wit, 
fifty  dollars,  in  and  about  endeavoring  to  recover  the  said 
anchor,  chain  and  cable;  and  the  said  United  States  then  and 
there  were  compelled  to  and  did  lay  out  and  expend  another 
large  sum  of  money,  to  wit,  fifty  dollars,  in  and  about  re- 
anchoring  and  securing  the  said  crib;  and  the  sinking  and  fix- 
ing of  the  same  and  the  constructing  of  the  said  breakwater 
were  then  and  there  greatly  hindered  and  retarded :  To  the 
damage  of  the  said  United  States  of  five  hundred  dollars. 
Whereupon,  etc.3 


Motion  to  strike  a  paper  from  the  files  of  a  case. 

No.  705. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  -  . 


The  United  States,  etc.,     ~\ 

vs.  [  No. 


Term,  189-. 


G  --  C.  F  --  &  C-       I   Case. 

H  -  .  —  ,  Attorney  of  the  United 

States  of  America  for  the  District  of  -  —  ,  who  for  the  said 
United  Sta'tes  in  this  behalf  prosecutes,  for  the  said  United 
States  moves  the  court  here  to  strike  from  the  files  of  this 
cause  the  paper  called  "  Exceptions,"  (filed  by  the  defendants 
on  the  --  day  of  --  ,  189-.,)  as  not  being  a  proper  pleading 
in  an  action  at  law.  --  , 

U.  S.  Attorney. 

'Conclude  as  in  No.  703,  685,  or  652,  ante. 


460  FORMS    ADAPTED   TO   CIVIL   CASES. 

Information  of  debt,  to  recover  money  converted  by  defend- 
ant while  employed  by  the  government. 

No.  706. 

1 gives  the  court  here  to  understand  and  be  informed, 

thatW-   -B.  B ,  heretofore,  to  wit,  on  the—  —day  of , 

in  the  year  eighteen  hundred  and ,  at  -  — ,  in  the  district 

aforesaid,  was  indebted  to  the  said  United  States  in  the  sum 
of  forty  thousand  dollars,  for  so  much  money  by  the  said  W — 
13.  B —  -  before  that  time  had  and  received  to  and  for  the  use 
of  the  said  United  States,  and  to  be  by  him  paid  to  the  said 
United  States  when  he  should  be  thereto  requested:  Yet  the 

said  "W—    -  B.  B ,  though  often  thereto  requested,  has  not 

paid  to  the  said  United  States  the  sum  of  money  aforesaid,  or 
any  part  thereof,  but  refuses  so  to  do;  to  the  damage  of  the 
said  United  States  of  ten  thousand  dollars.  Whereupon  the 
said  Attorney  of  the  said  United  States,  who  prosecutes  as 
aforesaid,  for  the  said  United  States  prays  the  consideration 
of  the  court  here  in  the  premises,  and  due  process  of  law  to 

be  made  against  the  said  W B.  B in  this  behalf,  to 

answer  the  said  United  States  of  and  in  the  premises  aforesaid. 


United-States  Attorney. 

Copy  of  account  filed  with  the  foregoing  information. 

No.  707. 

W B.  B , 

To  the  United  States,  Dr. 

189-. 
July  25.    To  money  had  and  received  for  the  use  of  the  United 

States |40,000 

To  interest  on  the  same $10,000 

(Endorsed:  Copy  of  Account.) 

i  Begin  as  in  No.  703,  673,  or  652,  ant* 


MISCELLANEOUS.  461 

Plea  of  nil  debet,  and  similiter. 

No.  708. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

October  Terra,  1893. 
W B.  B )    No. . 

ats.  I    Information  of  debt. 

The  United  States,  etc.  )  And  the  said  W B.  B ,  de- 
fendant, by ,  his  attorney,  conies  and  defends  the 

wrong  and  injury,  when,  etc.,  and  says  that  he  does  not  owe 
the  said  sura  of  money,  or  any  part  thereof,  in  manner  and 
form  as  the  said  plaintiffs  have  above  thereof  complained 
against  him ;  and  of  this  the  said  defendant  puts  himself  upon 

the  country,  etc.  , 

Attorney  for  defendant. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  for  the  said  United  States  does  the  like. 


United-States  Attorney. 


Deed  of  trust,  conveying  real  estate  of  one  indebted  to  the 
United  States  to  the  Marshal,  for  sale  and  payment  of 
proceeds  to  the  United  States. 

No.  709. 

By  this  deed,  made  this day  of ,  in  the  year  eight- 
een hundred  and  ,  it  is  witnessed,  that  W H.  B— 

and  M T.,  his  wife,  of  the  city  of ,  in  the  county  of 

—  and  state  of ,  for  and  in  consideration  of  the  sum  of 

one  dollar,  and  other  good  and  valuable  considerations  them 
hereunto  moving,  have  granted,  bargained  and  sold,  and  do 

hereby  convey  and  confirm,  unto  F H.   M ,  (now 

United-States  Marshal  for  the  District  of ,)  those  certain 

parcels  of  land  lying  in  the  city,  county  and  state  aforesaid, 
and  known  and  designated  as  Lots  Six  (6),  Seven  (7)  and  Eight 

(8),  in  Block  Six  (6),  in  C .  M &  L 's  Subdivision 

of  the  South  half  of  the  South-West  quarter  of  Section  Four- 


402  FOKMS    ADAPTED   TO   CIVIL   CASES. 

teen  (14),  in  Township  Thirty-eight  (38)  North,  of  Range 
Fourteen  (14)  East  of  the  Third  Principal  Meridian;  to  have 
and  to  hold  the  said  parcels  of  land,  with  their  appurtenances^ 

unto  him  the  said  F II.  M ,  in  trust  as  hereinafter 

mentioned,  and  his  assigns  forever.  And  the  said  W II. 

B—  -  and  M—  -  T.  B hereby  waive  and  release  unto  the 

said  F—  -  H.  M ,  and  his  assigns,  all  right  of  homestead- 
exemption,  under  the  laws  of  the  said  state  of  ,  in  the 

premises  hereby  conveyed. 

Whereas  the  said  W H.  B is  indebted  to  the  United 

States  of  America,  for  account  of  the  Department 

thereof,  in  a  large  sum  of  money,  and  desires  to  apply  towards 
the  payment  of  the  said  debt  the  real  property  above  men- 
tioned and  described, —  now  the  said  F H.  M is 

hereby  intrusted  and  empowered  to  sell  the  said  real  property, 
or  any  parcel  or  parcels  thereof,  at  private  sale,  for  cash,  at 

any  time  before  the  first  day  of next,  for  such  price  or 

prices  as  shall  be  approved  by  the  Judge  of  the  Circuit  or  Dis- 
trict Court  of  the  said  United  States  for  the  district  afore- 
said ;  and  in  case  the  said  real  property,  or  any  part  of  the 
same,  be  not  so  sold  at  private  sale  within  the  period  above 
specified,  then  to  sell  the  same,  or  such  unsold  part  thereof, 
at  public  auction,  to  the  highest  and  best  bidder,  for  cash,  at 

the  door  of  the  Court-House  in  the  said  city  of  ,  after 

giving  public  notice  of  the  time,  place  and  terms  of  such  sale 
at  public  auction,  by  advertisement  for  three  successive  weeks 

in  some  newspaper  published  at  aforesaid ;  and  out  of 

the  proceeds  of  any  such  sale  or  sales,  in  either  manner,  to 
pay  (1)  all  costs  and  expenses  thereof,  and  (2)  to  pay  the  resi- 
due of  such  proceeds  into  the  Treasury  of  the  said  United 

States,  for  account  of  the  said Department,  to  the  credit 

of  the  said  W H.  B on  the  debt  aforesaid,  (or  on  any 

judgment  for  or  on  account  of  the  same,  if  such  a  judgment 
shall  be  obtained;)  and  to  make  and  deliver  to  the  purchaser 
or  purchasers  at  any  such  sale  or  sales  as  above  mentioned  a 
deed  or  deeds  for  the  conveyance  in  fee  simple  of  the  real 
property  aforesaid ;  which  purchaser  or  purchasers  shall  not 
be  bound  to  see  to  the  application  of  the  proceeds  of  any  such 
sale  or  sales. 

And  in  case  of  the  death  of  the  said  F H.  M ,  or  his 


MISCELLANEOUS.  463 

inability  to  act  in  this  behalf,  then  the  United-States  Marshal 
of  the  said  district  for  the  time  being  may  act  as  trustee  under 

this  deed,  in  place  and  as  successor  of  the  said  F H. 

M ,  with  all  the  powers  and  duties  hereby  granted  to  and 

devolved  upon  the  latter. 

In  witness  whereof  the  said  "W H.  B and  M—  -  T. 

B—  -  hereto  set  their  hands  and  seals,  the  day  and  year  first 

above  written.  W-   -  H.  B .     (Seal.) 

M T.  B .    (Seal.) 

State  of  Illinois,     \ 

County  of ,  set.  I  I,  B P.  P ,  a  notary  public  for 

the  county  of ,  in  the  state  of  Illinois,  do  hereby  certify, 

that  W H.  B and  M T.,  his  wife,  who  are  per- 
sonally known  to  me  to  be  the  same  persons  whose  names 
are  subscribed  to  the  foregoing  deed,  as  having  executed  the 
same,  appeared  before  me  this  day  in  person,  and  acknowl- 
edged that  they  signed,  sealed  and  delivered  the  said  deed,  as 
their  free  and  voluntary  act,  for  the  uses  and  purposes  therein 
set  forth,  including  the  waiver  and  release  of  the  right  of 
homestead. 

Given  under  my  hand  and  official  seal, 

this day  of ,  A.  D.  189-. 

B P.  P , 

Notary  Public. 


Information  of  debt,  to  recover  moneys  twice  paid  to  de- 
fendant as  a  United-States  officer,  and  interest. 

No.  710. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  F B.  M ,  heretofore,  to  wit,  on  the  day  of 

,  in  the  year  eighteen  hundred  and ,  in  the  district 

aforesaid,  was  indebted  to  the  said  United  States  in  the  sum 

of  two  hundred  dollars,  for  so  much  money  by  the  said  F 

B.  M before  that  time  had  and  received  to  and  for  the 

use  of  the  said  United  States;  and  in  the  like  sum  for  so  much 
money  found  to  be  due  to  the  said  United  States  from  the 

i  Begin  as  in  Nos.  703,  673,  or  G52,  ante. 


46-4  FORMS    ADAPTED   TO   CIVIL   CASES. 

said  F—    -  B.  M ,  upon  an  account  then  and  there  stated 

between  them;  which  said  several  sums  of  money,  so  due  to 
the  said  United  States  as  aforesaid,  were  respectively  to  be 

paid  to  them  by  the  said  F B.  M ,  when  he  should  be 

thereto  requested :  Yet  the  said  F B.  M ,  though  often 

thereto  requested,  has  not  paid  to  the  said  United  States  the 
said  sums  of  money  so  due  them  as  aforesaid,  together  amount- 
ing to  the  sum  of  four  hundred  dollars,  or  any  part  thereof, 
but  refuses  so  to  do ;  to  the  damage  of  the  said  United  States 
of  four  hundred  dollars. 
"Whereupon,  etc.2 

2  Conclude  as  in  Noa  685,  673,  or  652,  ante. 


MISCELLANEOUS.  465 

€opy  of  account ,  to  be  filed  with  the  foregoing  information. 

No.  711. 

UNITED-STATES  CIRCUIT  COURT,  DISTRICT  OF  . 

The  United  States  ) 

vs.  I  Information  of  debt. 

F B.  M .   ) 

COPY   OF    ACCOUNT. 

F B.  M , 

To  the  United  States,  Dr. 

To  amount  of  money  twice  drawn  by  him,  as  lieutenant,  13th  U.  S. 

Infantry,  for  transportation,  in  1867 $176  30 

189-. 

Sept  1.    To  money  had  and  received  for  use  of  United  States.  . . .  200  00 

To  money  due  to  United  States  on  account  stated 200  00 

To  interest..                                                                           ,  400  00 


Cognovit.1 

No.  712. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF    AMERICA 
FOR  THE  DISTRICT  OF  . 

October  Term,  189-. 

F B.  M I  No. . 

ats.  j-  Information  of  debt. 

The  United  States  of  America,  j  And  the  said  F B.  M , 

in  his  own  person,  comes  and  confesses  that  he  is  indebted 
to  the  said  United  States  in  the  sum  of  one  hundred  and 
seventy-six  dollars  and  thirty  cents,  for  the  debt  in  the  said 
information  mentioned,  and  that  the  said  United  States 
have  sustained  damage  to  the  amount  of  ninety-eight  dollars 
and  seventy-two  cents,  for  the  detention  of  the  said  debt,  over 
and  above  their  costs  by  them  about  their  suit  in  this  behalf 

expended :  And  the  said  F B.  M consents  and  agrees 

that  judgment  may  be  entered  against  him  in  this  behalf  for 
the  debt  and  damages  above  specified,  and  such  costs. 

F B.  M . 


1  See  No.  683,  ante. 
30 


466  FORMS    ADAPTED   TO   CIVIL   OASES. 

Information  of  debt,  on  bond  of  assistant  quartermaster, 
against  the  principal  and  one  of  the  sureties,  (the  other 
being  dead). 

No.  713. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  F S.  W and  J-  -  F.  H ,  (together  with  one 

R.  D.  S ,  since  deceased,)2  on  the day  of ,  in  the 

year  eighteen  hundred  and ,  to  wit,  in  the  district 8  afore- 
said, by  their  writing  obligatory,  bearing  date  of  that  day, 
and  now  to  the  court  here  shown,  acknowledged  themselves 
to  be  held  and  firmly  bound,  jointly  and  severally,  unto  the 
said  United  States,  in  the  sura  of  ten  thousand  dollars,  to  be 
paid  to  the  said  United  States;  which  said  writing  obligatory 
was  and  is  subject  to  a  certain  condition  thereunder  written, 
whereby,  after  reciting  to  the  effect4  that  the  said  F—  -  S. 

"W had  been  appointed  an  assistant  quartermaster  of  the 

United-States  volunteers,  with  the  rank  of  captain,  and  had 
accepted  the  said  appointment,  it  was  in  effect  provided  that 
if  the  said  F S.  W at  all  times,  thenceforth  and  dur- 
ing his  holding  and  remaining  in  the  said  office,  should  care- 
fully discharge  the  duties  thereof,  and  should  faithfully  expend 
all  public  money,  and  honestly  account  for  the  same,  which 
should  come  into  his  hands,  in  his  said  capacity  of  assistant 
quartermaster,  without  fraud  or  delay,  then  the  said  obliga- 
tion should  be  void,  otherwise  should  remain  in  full  force :  And 

thereupon  the  said  F S.  "W ,  having  been  appointed 

such  assistant  quartermaster  as  in  the  said  condition  men- 
tioned, afterwards,  to  wit,  on  the  day  last  aforesaid,  took 
upon  himself  the  duties  of  the  said  office,  and  became  and 
thenceforth  was  such  assistant  quartermaster,  to  wit,  in  the 
district  aforesaid;  yet  he  did  not  keep  or  perform  the  condi- 
tion aforesaid,  but  neglected  and  refused  so  to  do. 

And  for  assigning  a  breach  of  the  said  condition,  the  said 
Attorney  of  the  said  United  States,  who  prosecutes  as  afore- 

1  Begin  as  in  Nos.  703,  685,  673,  or  652,  ante. 

2  See  No.  696,  ante. 

'See  No.  715,  note  3,  post. 
« Id,  note  2. 


MISCELLANEOUS.  167 

said,  for  the  said  United  States  says,  that  while  the  said  F — -- 

S.  "W was  such  assistant  quartermaster  as  aforesaid,  to 

wit,  after  the  said day  of ,  in  the  year  eighteen  hun- 
dred and ,  and  before  the  day  of ,  in  the  year 

eighteen  hundred  and ,  there  came  into  his  hands,  in  his 

said  capacity  of  assistant  quartermaster,  certain  public  money 
and  property  of  the  said  United  States,  to  a  large  amount  and 
of  great  value,  to  wit,  to  the  amount  and  value  of  one  hun- 
dred and  eighty-six  dollars  and  three  cents,  to  wit,  in  the  dis- 
trict aforesaid ;  yet  although  the  said  F S.  W after- 
wards, to  wit,  on  the  day  last  aforesaid,  was  there  requested 
to  account  to  the  said  United  States  for  the  same  public 
money  and  property,  he  did  not  nor  would  then  or  after- 
wards account  to  the  said  United  States  therefor ;  and  the 
same  public  money  and  property  still  remain  unaccounted  for 
and  due,  and  the  amount  and  value  thereof  as  aforesaid 
wholly  unpaid,  to  the  said  United  States,  together  with  law- 
ful interest  on  the  said  amount  and  value  from  the  day  last 
mentioned,  to  wit,  in  the  district  aforesaid. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  United  States  to  demand  and  have  of  the  said  F— 

S.  W and  J F.  H the  said  sum  of  ten  thousand 

dollars  in  the  said  writing  obligatory  mentioned:  Yet  the 

said  F-   -  S.  W-   -  and  J F.  H ,  though  requested, 

have  not  paid  to  the  said  United  States  that  sum  of  money, 
or  any  part  thereof,  but  refuse  so  to  do;  to  the  damage  of  the 
said  United  States  of  five  hundred  dollars. 

"Whereupon,  etc.5 

s  Conclude  as  in  No.  703,  685,  or  652,  ante. 


468  FORMS    ADAPTED   TO   CIVIL   CASES. 

Information  of  debt,  on  bond  of  a  Receiver  of  Public  Mon- 
eys, against  one  of  several  sureties  severally  bound ; 
and  being,  a  suit  begun  in  a  different  district  from 
that  in  which  the  bond  was  executed  and  the  receiver 
held  office.  Breach,  not  accounting  for  or  paying  over 
public  moneys. 

No.  714. 

1 gives  the  court  here  to  understand  and  be  informed, 

that  J "W.  T ,  on  the  day  of  -   — ,  in  the  year 

eighteen  hundred  and ,  to  wit,  in  the  district2  aforesaid, 

by  his  writing  obligatory,  bearing  date  of  that  day,  and  now 
to  the  court  here  shown,  acknowledged  himself  to  be  held 
and  firmly  bound  unto  the  said  United  States,  in  the  sum  of 
thirty  thousand  dollars,  to  be  paid  to  the  said  United  States; 
which  said  writing  obligatory  was  and  is  subject  to  a  certain 
condition  thereunder  written,  whereby,  after  reciting  to  the 
effect 3  that  the  President  of  the  said  United  States  had,  pur- 
suant to  law,  appointed  one  B F.  M to  be  Receiver  of 

Public  Moneys  at , ,  until  the  end  of  the  then  next 

session  of  the  Senate  of  the  said  United  States,  by  commission 

dated  the day  of ,  in  the  year  eighteen  hundred  and 

,  it  was  in  effect  provided  that  if  the  said  B F.  M— 

had  truly  and  faithfully  executed  and  discharged,  and  should 
continue  truly  and  faithfully  to  execute  and  discharge,  all  the 
duties  of  the  said  office  of  receiver,  according  to  law,  then  the 
said  obligation  should  be  void,  and  otherwise  should  remain 

in  full  force :  And  thereupon  the  said  B F.  M ,  having 

been  appointed  as  in  the  said  condition  mentioned,  afterwards, 

to  wit,  on  the  said day  of  -    — ,  in  the  year  eighteen 

hundred  and ,  took  upon  himself  the  duties  of  the  said 

office  of  receiver  of  public  moneys,  and  thenceforth  was  such 
receiver,  to  wit,  in  the  district  aforesaid:  Yet  the  said  B— 
F.  M—    -  did  not  keep  or  perform  the  said  condition,  but 
neglected  and  refused  so  to  do,  to  the  injury  of  the  said 
United  States. 

1  Begin  as  in  No.  703,  685,  673,  or  652,  ante, 

2  See  No.  715,  note  3,  post. 
» Id.  note  2. 


MISCELLANEOUS.  469 

And  for  assigning  a  breach  of  the  condition  aforesaid,  the 
said  Attorney  of  the  said  United  States,  who  prosecutes  as 
aforesaid,  for  the  said  United  States  says,  that  while  the  said 
B  —  -  F.  M  -  was  such  receiver  of  public  moneys  as  afore- 
said, and  before  and  on  the  -  -  day  of  -  —  ,  in  the  year 
eighteen  hundred  and  --  ,  he  received  and  took  into  his 
hands  as  such  receiver  divers  public  moneys  of  the  said  United 
States,  to  a  large  amount  and  of  great  value,  to  wit,  to  the 
amount  and  of  the  value  of  ten  thousand  dollars,  to  wit,  in  the 
district  aforesaid;  which  said  public  moneys  so  received  and 
taken  it  was  then  and  there  by  law  the  duty  of  the  said  B— 
F.  M  --  to  account  for  and  pay  over  to  the  said  United 
States:  Nevertheless  the  said  B—  -  F.  M—  -  did  not  nor 
would  then  or  afterwards  account  for  or  pay  over  to  the  said 
United  States  a  certain  large  sum  of  the  said  public  moneys 
so  by  him  received  and  taken,  to  wit,  the  sum  of  two  thousand 
three  hundred  and  ten  dollars,  and  the  same  still  remains  un- 
accounted for  and  unpaid  and  due  to  the  said  United  States. 

By  reason  of  which  premises,  etc.1 

Information  of  debt  on  Indian-Agent's  bond.  Breach,  not 
accounting  for  or  paying  over  public  moneys  and  prop- 
erty. A  suit  (begun  in  the  district  where  the  bond  was 
executed,  but  in  a  different  district  from  that  wherein 
the  agent  held  office,)  against  the  principal  and  all  of 
the  sureties. 

No.  715. 

2  _  gives  the  court  here  to  understand  and  be  informed, 
thatC  —  --P.  L  --  ,A  --  P.L  --  ,J  --  M  --  and  C- 

,  on  the  -  day  of  --  ,  in  the  year  eighteen  hundred 


and  --  1  to  wit,  at  ---  ,  in  the  district  aforesaid,  by  their 
writing  obligatory,  bearing  date  of  that  day,  and  now  to  the 
court  here  shown,  acknowledged  themselves  to  be  held  and 
firmlv  bound,  jointly  and  severally,  unto  the  said  United 
States,  in  the  sum  of  fifty  thousand  dollars,  to  be  paid  to  the 
said  United  States  ;  which  said  writing  obligatory  was  and  is 

i  Mutatis  mutandis,  conclude  as  in  No.  703,  685,  or  652,  ante. 
»  Begin  as  in  No.  703,  685,  673,  or  652,  ante. 


470  FORMS    ADAPTED   TO   CIVIL   CASES. 

subject  to  a  certain  condition  thereunder  written,  whereby, 

after  reciting  to  the  effect  that  the  said  C P.  L had 

been  appointed  agent  for  the  Indians  of  the Agency,  in 

— ,  and  had  accepted  the  said  appointment,  it  was  in  effect2 
provided  that  if  the  said  C P.  L —  -  at  all  times  thence- 
forth, and  during  his  holding  and  remaining  in  the  said  office, 
should  carefully  discharge  the  duties  thereof,  and  should 
faithfully  expend  all  public  moneys,  and  honestly  account, 
without  fraud  or  delay,  for  the  same,  and  for  all  public  prop- 
erty which  should  come  into  his  hands,  then  the  said  obliga- 
tion should  be  void,  and  otherwise  should  remain  in  full  force: 

And  thereupon  the  said  0 P.  L ,  having  been  appointed 

such  agent  for  Indians  as  in  the  said  condition  mentioned, 
afterwards,  to  wit,  on  the  day  last  aforesaid,  took  upon  him- 
self the  duties  of  the  said  office,  and  became  and  thenceforth 
was  such  agent  as  aforesaid,  to  wit,  in  the  city  and  district 3 
aforesaid :  Yet  the  said  C P.  L has  not  kept  or  per- 
formed the  said  condition  of  the  said  writing  obligatory,  but 
has  neglected  and  refused  so  to  do,  to  the  injury  of  the  said 
United  States. 

And  for  assigning  a  breach  of  the  condition  aforesaid,  the 
said  Attorney  of  the  said  United  States,  who  prosecutes  as 
aforesaid,  for  the  said  United  States  says,  that  afterwards,  to 

wit,  on  the day  of  -  — ,  in  the  year  eighteen  hundred 

and  -  — ,  there  were  in  the  hands  of  the  said  C P.  L — 

certain  public  moneys  and  property  of  the  said  United  States, 
by  him  received  and  taken  into  possession  while  he  was  such 
agent  for  Indians  as  aforesaid,  and  as  such  agent,  to  a  large 
amount  and  of  great  value,  to  wit,  to  the  amount  and  value 
of  -  — ,  to  wit,  in  the  city  and  district  aforesaid ;  which  said 

public  moneys  and  property,  so  in  the  hands  of  the  said  C 

P.  L ,  it  was  then  and  there  by  law  his  duty  to  account 

for  and  pay  over  to  the  said  United  States;  nevertheless  tho 

said  C P.  L did  not  nor  would  then  or  afterwards 

account  for  or  pay  over  to  the.  said  United  States  the  same 
public  moneys  and  property,  and  the  same  still  remain  wholly 

2  File  a  copy  of  the  bond  at  the  time  of  filing  this  information. 

'Transitory  facts  may  be  laid  with  any  venue,  at  the  choice  of  the  plaint- 
iff ;  though  it  is  the  usual  and  most  proper,  course  to  lay  all  these  with  the 
venue  in  the  actioa  Stephen  on  PL  275. 


MISCELLANEOUS.  471 

unaccounted  for  and  due,  and  the  amount  and  value  thereof 
as  aforesaid  wholly  unpaid,  to  the  said  United  States,  together 
with  lawful  interest  thereon  from  the  day  last  mentioned,  to 
wit,  in  the  city  and  district  aforesaid. 
By  reason  of  which  premises,  etc.* 


Flea  of  nil  debet?  by  one  defendant. 

No.  716. 

And  the  said  J 1VT ,  by ,  his  attorney,  comes 

and  defends  the  wrong  and  injury,  when,  etc.,  and  says  that 
he  does  not  owe  the  said  sum  of  money  above  demanded,  or  any 
part  thereof,  in  manner  and  form  as  the  said  plaintiffs  have 

above  complained  against  him;  and  of  this  the  said  J • 

M puts  himself  upon  the  country. 


Demurrer  to  foregoing  plea. 

No.  717. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  as  to  the  plea  of  the  said  J M by 

him  above  pleaded,  for  the  said  United  States  says,  that  the 
said  plea,  and  the  matters  therein  contained,  in  manner  and 
form  as  the  same  are  above  pleaded  and  set  forth,  are  not 
sufficient  in  law  to  bar  the  said  United  States  from  having 
their  aforesaid  action,  and  that  he  the  said  Attorney  of  the 
said  United  States,  who  prosecutes  as  aforesaid,  is  not  bound 
by  law  for  the  said  United  States  to  answer  the  same ;  and 
this  he  for  the  said  United  States  is  ready  to  verify :  Where- 
fore, for  want  of  a  sufficient  plea  in  this  behalf,  he  for  the 
said  United  States  prays  judgment,  etc. 


United-States  Attorney. 


4  Conclude  as  in  No.  703,  685,  or  652,  ante. 

1  Should  have  been  either  non  est  factum,  or  special,  or  both. 


472  FORMS   ADAPTED  TO   CIVIL   CASES. 

Pleas  ot  nil  debent,1  non  est  factum,  and  performance2  gen- 
erally, by  the  other  defendants. 

No.  718. 

And  the  defendants  C P.  L ,  A P.  L and 

C—  -  "W-  — ,  by  -  — ,  their  attorney,  come  and  defend 

the  wrong  and  injury,  when,  etc.,  and  say  that  they  do  not 
owe  the  said  sum  of  money  above  demanded,  or  any  part 
thereof,  in  manner  and  form  as  the  plaintiffs  have  above  com- 
plained against  them ;  and  of  this  the  said  defendants  put 
themselves  upon  the  country,  etc. 

And  for  a  further  plea  in  this  behalf,  the  said  defendants 
say  that  the  supposed  writing  obligatory  in  the  said  declara- 
tion mentioned  is  not  their  deed;  and  of  this  they  put  them- 
selves upon  the  country,  etc. 

And  for  a  further  plea  in  this  behalf,  the  said  defendants 

say  that  the  said  defendant  C P.  L did  from  time  to 

time,  and  at  all  times,  after  the  making  of  the  said  writing 
obligatory  and  the  said  condition  thereof,  and  during  his 
holding  and  remaining  in  the  said  office  of  agent  for  the  In- 

O  G  O 

dians  of  the  -     -  Agency,  in ,  well  and  truly  keep  and 

perform  all  and  singular  the  matters  and  things  in  the  said 
condition  specified,  on  his  part  to  be  kept  and  performed,  ac- 
cording to  the  tenor  aftd  effect  of  the  said  condition:  And 
this  the  said  defendants  are  ready  to  verify;  wherefore  they 
pray  judgment  if  the  said  plaintiffs  ought  to  have  their  afore- 
said action,  etc. 

'  See  Na  719,  post. 


MISCELLANEOUS.  473 


Similiter  to  the  second  of  the  preceding  picas,  and  demur- 
rer to  the  first  and  third. 

No.  719. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

July  Term,  189-. 
The  United  States  j  No.  -    — . 

vs.                         >  Information  of  debt. 
C P.  L and  others.    )  And ,  now 1  Attor- 
ney of  the  said  United  States,  who  for  the  said  United  States 

in  this  behalf  now  prosecutes,  as  to  the  plea  of  the  said  C 

P.  L ,  A P.  L and  C W by  them  secondly 

above  pleaded,  and  whereof  they  have  put  themselves  upon 
the  country,  for  the  said  United  States  does  the  like. 

And  the  said  Attorney  of  the  said  United  States,  who  now 
prosecutes  as  aforesaid,  as  to  the  pleas  of  the  said  C —    -  P. 

L ,  A—  -  P.  L and  C "W by  them  first  and 

thirdly  above  pleaded,  for  the  said  United  States  says,  that 
the  said  pleas,  and  each  of  them,  and  the  matters  therein  con- 
tained, in  manner  and  form  as  the  same  are  above  pleaded  and 
set  forth,  are  not  sufficient  in  law2  to  bar  the  said  United 
States  from  having  their  aforesaid  action,  and  that  he  the  said 
Attorney  of  the  said  United  States,  who  now  prosecutes  as 
aforesaid,  is  not  bound  by  law  for  the  said  United  States  to 
answer  the  same ;  and  this  he  for  the  said  United  States  is 
ready  to  verify :  Wherefore,  for  want  of  sufficient  pleas  or 
plea  in  this  behalf,  he  for  the  said  United  States  prays  judg- 
ment, etc.  , 

United-States  Attorney. 

1  This  expression  may  be  used  in  a  case  where  the  pleadings  subsequent 
to  the  information  or  other  pleadings  are  filed  by  a  successor  to  the  District 
Attorney  who  filed  the  information  or  antecedent  pleadings. 

2  Nil  debent  is  not  a  sufficient  plea  where  a  specialty  is  the  foundation  of 
the  action,  although  it  is  good  to  an  action  of  debt  on  a  statute,  for  a  pen- 
alty.    1  Chitty  PL  424. 

A  plea  of  performance  generally,  to  a  declaration  making  negative  aver- 
ments in  assigning  breaches,  is  not  good.     3  Blackf.  (Ind.)  117. 


474  FORMS   ADAPTED   TO   CIVIL   CASES. 


Declaration  in  debt;  on  a  bond  conditioned  for  the  perform- 
ance  of  a  contract  between  an  officer  of  the  United 
States  and  a  person  undertaking  to  deliver  material 

for  public  works. 

No.  720. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

Of  the Terra,  in  the  year  189-. 

District  of ,  set. —  The  United  States  of  America,  plaint- 
iffs, by  —  — ,  their  Attorney  for  the  District  of  -  — ,  com- 
plain of  A W ,  J-  -  R  H and  C S ,  de- 
fendants, of  a  plea  that  they  render  to  the  said  plaintiffs  the 
sum  of  one  hundred  thousand  dollars,  which  the  said  defendants 
owe  to  and  unjustly  detain  from  the  said  plaintiffs:  For  that 

whereas  heretofore,  to  wit,  on  the  —  -  day  of ,  in  the 

year  eighteen  hundred  and ,  in  the  district *  aforesaid,  a 

certain  contract  in  writing  was  made  and  entered  into  by  and 

between  G—  -  "W ,  major  of  the  Corps  of  Engineers  of 

the  United  States  Army,  for  and  on  behalf  of  the  said  plaint- 
iffs, of  the  one  part,  and  the  said  A W—  — ,  of  the  other 

part,  whereby  the  said  A W undertook  to  furnish 

and  deliver  the  cut  stone  required  for  certain  new  locks  then 
constructing  by  the  said  plaintiffs  in  the  canal  at  -  — ,  in  the 

state  of ;  which  said  contract,  and  the  advertisement, 

specifications  and  instructions  therein  mentioned,  were  and 
are  in  the  words  and  figures  following,  to  wit:  [insert  them]. 

And  on  that  occasion  the  said  A — —  W ,  J •-  •  R. 

H—  -  and  C S afterwards,  to  wit,  on  the  -  -  day 

of ,  in  the  same  year  189-,  in  the  district  aforesaid,  by 

their  writing  obligator}',  bearing  date  of  that  day,  and  now  to 
the  court  here  shown,  acknowledged  themselves  to  be  held 
and  firmly  bound,  jointly  and  severally,  unto  the  said  plaint- 
iffs, in  the  sum  of  one  hundred  thousand  dollars  above  de- 
manded, to  be  paid  to  the  said  plaintiffs;  which  said  writing 
obligatory  was  and  is  subject  to  a  certain  condition  thereunder 
written  to  the  effect2  that  if  the  said  A "W — ^-  should 

1  See  No.  715,  note  3. 

2  A  copy  of  the  bond  should  be  filed  with  this  declaration. 


MISCELLANEOUS.  475 

well  and  truly  perform  and  keep  all  the  covenants  and  con- 
ditions comprised  or  mentioned  in  the  contract  aforesaid,  on 
his  part  to  be  performed  and  kept,  accord  ing  to  the  true  intent 
and  meaning  of  the  said  contract,  then  the  said  writing  obliga- 
tory should  be  void,  and  otherwise  should  remain  in  full  force 
and  virtue.  And  the  said  plaintiffs  in  fact  say,  that  the  said 

A W has  not  well  and  truly  performed  and  kept  all 

the  covenants  and  conditions  comprised  or  mentioned  in  the 
said  contract,  on  his  part  to  be  performed  and  kept,  according 
to  the  true  intent  and  meaning  thereof,  but  has  neglected  and 
refused  so  to  do,  to  the  injury  of  the  said  plaintiffs. 
And  for  assigning  a  breach  of  the  said  condition,  the  said 

plaintiffs  say,  that  the  said  A W did  not  commence 

the  delivery  of  the  cut  stone  in  the  said  contract  mentioned, 
or  furnish  or  deliver  any  part  of  the  same,  on  or  before  the 

-  day  of  • ,  in  the  year  189-,  or  at  any  time  thereafter, 

though  often  requested  so  to  do ;  and  that  afterwards,  to  wit, 

on  the day  of  -  — ,  in  the  year  189-,  the  said  A 

W- so  having  failed  and  still  failing  to  commence  the  de- 
livery of  such  cut  stone,  and,  in  the  judgment  of  the  said 

G—    -  "W ,  then  the  engineer  in  charge  of  the  work  upon 

the  said  locks,  having  failed  to  prosecute  faithfully  and  dili- 
gently and  in  accordance  with  the  specifications  and  require- 
ments of  the  said  contract  the  work  so  by  him  the  said  A— 
"W—    -  undertaken  to  be  performed,  the  said  contract  was  an- 
nulled by  the  said  G W ,  for  and  on  behalf  of  the 

said  plaintiffs,  to  wit,  in  the  district  aforesaid ;  whereof  the 
said  defendants  then  and  there  had  notice :  And  by  reason  of 
the  failure  of  the  said  A W to  perform  his  said  con- 
tract, as  aforesaid,  and  the  same  having  been  annulled  as 
aforesaid,  the  said  plaintiffs  were  obliged  to  and  did  after- 
wards, to  wit,  on  the day  of ,  in  the  year  189-,  again 

advertise  (as  provided  by  law)  for  proposals  to  furnish  and  de- 
liver the  cut  stone  required  for  the  said  locks,  and  which  ought 

to  have  been  furnished  and  delivered  by  the  said  A W , 

according  to  the  contract  aforesaid,  to  wit,  in  the  district  afore- 
said ;  for  which  advertising  the  said  plaintiffs  were  then  and 
there  obliged  to  and  did  expend  a  large  sura  of  money,  to  wit, 
fifty  dollars :  And  upon  so  again  advertising,  the  lowest  bid  re- 
ceived for  the  furnishing  and  delivery  of  such  cut  stone  was  at 


4TC  FORMS    ADAPTED   TO   CIVIL    CASES. 

the  rate  and  price  of  -    -  cents  for  each  cubic  foot  thereof; 

which  said  bid  was  thereupon,  to  wit,  on  the day  of  -  — ,  in 

the  same  year  189-,  accepted  by  the  said  plaintiffs,  to  wit,  in 
the  district  aforesaid ;  and  at  that  rate  and  price  the  said  plaint- 
iffs were  then  and  there  obliged  to  and  did  contract  for  and 
purchase  such  cut  stone  so  required  for  the  said  locks,  that  is 
to  say,  the  quantity  of  -  -  cubic  feet  of  such  cut  stone ; 
whereby  the  said  plaintiffs  have  been  obliged  to  expend  and 
become  liable  to  expend,  and  have  expended  and  become  liable 
to  expend,  a  large  sum  of  money,  to  wit,  forty  thousand  dol- 
lars, in  excess  of  the  amount  which  they  would  have  been 

liable  to  pay  to  the  said  A—   -  "W under  his  contract 

aforesaid,  to  wit,  in  the  district  aforesaid.  And  also  by  rea- 
son of  such  failure  of  the  said  A W to  perform  his 

contract  aforesaid,  the  work  of  constructing  the  said  locks 
has  been  greatly  hindered  and  delayed ;  and  thereby  divers 
persons  and  articles  necessarily  engaged  and  hired  by  the  said 
plaintiffs  in  that  behalf  have  been  kept  idle  and  unemployed, 
though  under  pay  from  the  said  plaintiffs,  for  a  long  space  of 
time,  to  wit,  six  months,  and  divers  articles  and  materials  pro- 
vided by  the  said  plaintiffs  for  the  said  work  have  been  dam- 
aged and  lost ;  and  thereby  also  the  excavations,  embankments, 
masonry  and  wood-work  of  the  said  locks  have  been  greatly 
damaged  through  exposure  in  an  unfinished  condition,  and  the 
said  plaintiffs  have  been  put  to  great  expense  and  trouble  in 
endeavoring  to  protect  and  preserve  the  same  and  the  said 
articles  and  materials  provided  for  the  said  work :  by  means 
whereof  the  said  plaintiffs  have  incurred  great  loss  and  ex- 
pense, amounting  to  a  large  sum  of  money,  to  wit,  sixty  thou- 
sand dollars,  to  wit,  in  the  district  aforesaid. 

By  reason  of  which  premises  the  said  writing  obligatory 
has  become  forfeited,  and  thereby  an  action  has  accrued  to 
the  said  plaintiffs  to  demand  and  have  of  the  said  defendants 
the  said  sum  of  one  hundred  tho usand  dollars  above  demanded  : 
Yet  the  said  defendants,  though  requested,  have  not  paid  to 
the  said  plaintiffs  that  sum  of  money,  or  any  part  thereof, 
but  refuse  so  to  do;  to  the  damage  of  the  said  plaintiffs  of  one 
hundred  thousand  dollars,  and  therefore  they  bring  their  suit, 

etc.  , 

United-States  District  Attorney. 


MISCELLANEOUS.  477 

Declaration  in  trover,  for  logs  cut  on  public  lands  ana 
bought  by  the  defendants. 

No.  721. 

IN  THE  CIRCUIT  COURT  OF   THE   UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  ILLINOIS. 

Of  the  December  Term,  in  the 
year  1893. 

Northern  District  of  Illinois,  set. —  The  United  States  of 
America,  plaintiffs,  by  -  — ,  their  Assistant  Attorney  for 

the  Northern  District  of  Illinois,  complain  of  E —   -  E — 

and  C E ,  defendants,  of  a  plea  of  trespass  on  the 

case:  For  that  whereas  the  said  plaintiffs,  on  the day  of 

— ,  in  the  year  eighteen  hundred  and ,  in  the  county  of 

Missaukie  and  state  of  Michigan,  to  wit,  in  the  district1 
aforesaid,  were  lawfully  possessed,  as  of  their  own  property, 
of  certain  goods  and  chattels,  to  wit,  eight  hundred  pine  logs, 
of  the  value  of  one  thousand  dollars;  and  being  so  possessed 
thereof,  the  said  plaintiffs  afterwards,  to  wit,  on  the  day  afore- 
said, there  casually  lost  the  said  goods  and  chattels  out  of 
their  possession,  and  the  same  afterwards,  to  wit,  on  the  same 
day,  there  came  to  the  possession  of  the  said  defendants  by 
finding:  Yet  the  said  defendants,  well  knowing  the  said  goods 
and  chattels  to  be  the  property  of  the  said  plaintiffs,  have  not 
as  yet  delivered  the  same,  or  any  part  thereof,  to  the  said 
plaintiffs,  although  often  thereto  requested,  and  afterwards, 
to  wit,  on  the  same  day,  there  converted  and  disposed  of  the 
said  goods  and  chattels  to  their  the  said  defendants'  own  use ; 
to  the  damage  of  the  said  plaintiffs  of  one  thousand  dollars, 
and  therefore  they  bring  their  suit,  etc. 


Assistant  United-States  Attorney. 


1  See  No.  715,  note  3,  ante. 


478  FORMS   ADAPTED   TO   CIVIL   CASES. 

Petition,  by  a  District  Attorney  of  another  district,  for  a 
writ  of  linbeas  corpus  ad  testificandum,  or  order  of 
court  in  lieu  thereof,  to  obtain  the  testimony,  on  be- 
half of  the  United  States,  before  the  grand  and  petit 
juries  of  said  other  district,  of  a  person  confined  in  a 
penitentiary  in  the  district  where  the  petition  is  filed. 

No.  722. 

To  the  Honorable  TV Q.  G ,  Circuit  Judge  of  the 

United  States  of  America  for  the Circuit : 

G—   -  N.  B ,  Attorney  of  the  United  States  of  America 

for  the  District  of  I ,  shows  unto  your  honor,  that  one 

J W.  O'C has  been  in  due  form  of  law  apprehended, 

and  committed  in  default  of  bail,  for  an  offense  against  the 
laws  of  the  said  United  States,  to  wit,  the  offense  of  forcibly 
breaking  into  a  post-office,  with  intent  to  commit  larceny  therein, 

at  M ,  in  the  district  aforesaid,  contrary  to  Section  5478 

of  the  Ee vised  Statutes;  and  that  the  said  J—    -  W.  O'C— 

is  now  in  jail  within  the  said  District  of  I ,  awaiting  the 

action  in  that  behalf  of  a  grand  jury  in  the  District  Court  of 
the  said  United  States  for  that  district ;  and  that  a  session  of 

such  grand  jury  will  begin  at  W ,  in  the  said  district,  on 

the day  of  the  coming  month  of  (189-),  at  which 

session  the  above-mentioned  charge  against  the  said  J—  -  W. 
O'C—  -  will  be  inquired  into  and  investigated ;  and  that  if 
an  indictment  shall  be  found  by  such  grand  jury  in  that  be- 
half, the  trial  of  such  indictment  will  probably  take  place 
within  a  short  time  after  the  finding  of  the  same. 

And  the  said  District  Attorney  further  shows,  that  one  E — 

A is  a  material  witness  on  the  part  of  the  said  United  States, 

in  the  matter  of  the  said  charge  against  the  said  J W. 

O'C ,  and  the  presence  and  testimony  of  the  said  E— 

A before  such  grand  jury  and  on  such  trial  as  aforesaid 

will  be  necessary  in  order  to  a  full  and  proper  inquiry  into 
the  charge  aforesaid, and  to  the  sustaining  of  such  indictment; 
and  that  the  said  E A—  -  is  now  confined  in  the  peni- 
tentiary of  the  state  of  O ,  at ,  and  in  the  custody  of 

the  "Warden  of  the  said  penitentiary,  under  a  sentence  and 
judgment  of  the  District  Court  of  *he  oaid  United  States  for 


MISCELLANEOUS.  479 

the  Northern  District  of  O ,  rendered  on  the day  of 

— ,  189-,  imposing  upon  him  imprisonment  in  the  said  peni- 
tentiary for  the  term  of years. 

Wherefore  the  said  District  Attorney  prays  a  writ  of  habeas 
corpus  ad  testificandum  in  this  behalf,  directed  to  the  said 
Warden  of  the  penitentiary'  aforesaid,  commanding  him  forth- 
with to  have  the  body  of  the  said  R A—  -  before  your 

honor,  at ,  in  the  said  Northern  District  of  O ;  and 

that  when  the  said  R A shall  be  so  produced  in  pur- 
suance of  such  writ,  your  honor  may  make  such  further  di- 
rection and  order  as  shall  be  necessary  and  proper  for  remov- 
ing the  said  R A to  the  said  District  of  I ,  there 

to  testify  as  such  witness  as  aforesaid,  and  for  returning  him, 
to  the  said  penitentiary  when  he  shall  be  no  longer  needed 
as  such  witness;  or  that  without  such  writ,  or  in  lieu  thereof, 
3Tour  honor  may  make  such  order  as  shall  be  necessary  and 
proper  in  the  premises. 

G KB , 

United-States  Attorney,  District  of  I . 


Order  of  court,  made  in  pursuance  of  the  foregoing  peti- 
tion, directing  the  Marshal  to  remove  the  witness  to 
the  other  district  and  return  him  to  the  penitentiary 
when  no  longer  needed. 

No.  723. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  O . 

Tuesday,  August  30th,  A.  D.  189-. 

Present  the  Honorable  W — —  Q.  G ,  Circuit  Judge. 

In  the  matter  of  the  petition 
of  the  United-States  At- 
torney for  the  District  of 
I .  J  On  reading  and  filing  the  pe- 

tition in  this  behalf,  presented  in  court  by  the  Attorney  of 
the  United  States  of  America  for  this  Northern  District  of 

O ;  —  and  it  appearing  to  the  court  that  one  J W. 

O'C [here  recite  statements  in  the  first  paragraph  of  the 


480  FORMS   ADAPTED   TO  CIVIL   CASE8. 

foregoing  petition} ;  and  that  one  R A ,  now  in  the 

penitentiary  of  the  state  of  O at ,  and  in  the  custody 

of  the  Warden  of  the  said  penitentiary,  and  under  a  sentence 
and  judgment  of  the  District  Court  of  the  said  United  States 
for  this  district,  is  a  material  witness  on  the  part  of  the  said 
United  States,  in  the  matter  of  the  said  charge  against  the 

said  J—    -  W.  O'C ,  and  the  presence  and  testimony  of 

the  said  R —  -  A —  -  before  such  grand  jury  and  on  such 
trial  as  aforesaid  will  be  necessary  in  order  to  a  full  and 
proper  inquiry  into  the  charge  aforesaid,  and  to  the  sustaining 
of  such  indictment;  —  and  the  court  being  now  fully  advised 
in  the  premises : 

It  is  therefore  ordered  by  the  court,  that  the  said  Warden 

of  the  said  penitentiary  forthwith  deliver  the  said  R A — 

to  the  Marshal  of  this  Northern  District  of  O ;  and  that 

the  said  Marshal  forthwith  remove  the  said  R A—  -  to 

the  said  District  of  I ,  and  bring  him  before  the  said  Dis- 
trict Court  for  that  district,  there  to  testify  as  such  witness 
as  aforesaid ;  and  that  the  said  Marshal  safely  keep  the  said 

R—  -  A ,  and  forthwith  return  him  to  the  custody  of  the 

said  Warden,  at  the  penitentiary  aforesaid,  whenever  the  said 
R A shall  be  no  longer  needed  as  such  witness.  • 

Supplementary  petition,  by  the  District  Attorney  for  the 
district  where  the  same  is  filed,  praying  for  a  like  writ 
or  order,  to  secure  the  further  testimony  of  the  same 
witness  before  the  petit  jury  of  the  other  district; 
trial  having  been  postponed,  and  the  witness  returned 
to  the  penitentiary. 

No.  724. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF  O . 

In  the  matter  of  the  petition 
of  the  United-States  At- 

i      i^  fl 

torney  for  the  District  of 


I .  J  W G.  E— ^,  Attorney 

of  the  United  States  of  America  for  this  district,  shows  to 
the  honorable  the  judges  of  this  court,  that  in  pursuance  of 


MISCELLANEOUS.  481 

an  order  made  and  entered  in  this  behalf  on  the day 

of  -   —  last,  one  R —  -  A was  by  the  Marshal  of  this 

district  taken  from  the  penitentiary  of  the  state  of  O ,  at 

— ,  and  removed  to  the  District  of  I ,  there  to  testify 

as  a  witness  on  the  part  of  the  said  United  States,  in  the  Dis- 
trict Court  of  the  said  United  States  for  that  district,  as  well 
before  the  grand  jury  as  before  the  petit  jury  thereof,  in  the 

matter  of  a  certain  charge  against  one  J W.  O'C ,  to 

wit,  the  charge  of  forcibly  breaking  into  a  post-office,  with  in- 
tent to  commit  larceny  therein,  at  M ,  in  the  said  District 

of  I ;  and  that  the  said  R A did  accordingly  tes- 
tify in  that  matter  before  the  said  grand  jury,  and  an  indict- 
ment for  the  said  offense  was  thereupon  found  against  the 

said  J W.  O'C ,  which  indictment  is  still  pending  in 

the  said  District  Court  for  that  district;  but  that  the  trial  of 
the  said  indictment  having  been  postponed,  the  said  R — 
A was  by  the  said  Marshal  returned  to  the  said  peniten- 
tiary, pursuant  to  the  order  aforesaid. 

And  this  petitioner  further  shows,  that  the  trial  of  the  said 
indictment  has  been  set  for,  and  will  probably  take  place  on. 

the day  of instant,  at ,  in  the  said  District  of 

I ;  and  that  the  said  J W.  O'C remains  in  jail 

within  that  district,  awaiting  such  trial;  and  that  the  said 

R A is  a  material  witness  on  the  part  of  the  said 

United  States  in  that  behalf,  and  his  presence  and  testimony 
on  such  trial  will  be  necessary  to  the  sustaining  of  the  said 

indictment;  and  that  the  said  R A has  been  and  now 

is  confined  in  the  penitentiary  aforesaid,  and  in  the  custody 
of  the  Warden  thereof,  under  a  sentence  and  judgment  of  the 
District  Court  of  the  said  United  States  for  the  said  Northern 
District  of  O ,  rendered  on  the day  of ,  189-,  im- 
posing imprisonment  for  the  term  of years,  as  set  forth 

in  the  original  petition  in  this  behalf. 

Wherefore  this  petitioner,  at  the  instance  of  the  Attorney 

of  the  said  United  States  for  the  said  District  of  I ,  prays 

a  writ  of  habeas  corpus  ad  testificandum  in  this  behalf,  directed 
to  the  said  Warden  of  the  penitentiary  aforesaid,  commanding 

him  to  have  the  body  of  the  said  R A before  this 

honorable  court,  or  one  of  the  judges  thereof,  at ,  in  the 

said  Northern  District  of  O ,  within  a  short  time  to  be  in 

31 


482  FORMS    ADAPTED   TO   CIVIL   CASES. 

such  writ  named;  and  that  when  the  said  R A shall 

be  so  produced  in  pursuance  of  such  writ,  this  court  or  such 
judge  may  make  such  further  direction  and  order  as  shall  be 

necessary  and  proper  for  removing  the  said  R A—  -  to 

the  said  District  of  I ,  there  to  testify  as  a  witness  on  such 

trial  as  aforesaid,  and  for  returning  him  to  the  said  peniten- 
tiary when  he  shall  be  no  longer  needed  as  such  witness;  or 
that  without  such  writ,  or  in  lieu  thereof,  this  court  or  such 
judge  may  make  such  order  as  shall  be  necessary  and  proper 

in  the  premises.  "W G.  E , 

U.  S.  Attorney. 

Order  of  court,  in  pursuance  of  the  foregoing  supplement- 
ary petition. 

No.  725. 

IN  THE  CIRCUIT  COURT,  ETC.,  (as  in  No.  724)t 

In  the  matter  of  the  petition  | 

of  the  United-States  At-  !  -XT    

torney  for  the  District  of  I 

I .  J  On  reading  and  filing  the 

supplementary  petition  of  the  District  Attorney  for  this  dis- 
trict;—  and  it  appearing  to  the  cour  tthat  J "W.  O'C , 

therein  named,  stands  indicted  in  the  District  Court  of  the 
United  States  for  the  District  of  I ,  for  the  offense  of  for- 
cibly breaking  into  a  post-office,  with  intent  to  commit  larceny 

therein,  at  M ,  in  the  said  district,  and  remains  in  jail  within 

that  district,  awaiting  the  trial  of  the  indictment  in  that  be- 
half; and  that  such  trial  has  been  set  for,  and  will  probably 

begin  on,  the day  of instant,  at ,  in  the  sai.l 

District  of  I ;  and  that  R A ,  named  in  the  peti- 
tions herein,  is  a  material  witness  on  the  part  of  the  said 
United  States  in  that  behalf,  and  his  presence  and  testimony 
on  such  trial  will  be  necessary  to  the  sustaining  of  the  said  in- 
dictment ;  and  that  the  said  R A is  still  confined  in  the 

penitentiary  of  the  state  of  O ,  at ,  and  irr  the  custody 

of  the  Warden  thereof,  under  a  sentence  and  judgment  of  the 
District  Court  of  the  said  United  States  for  this  district ;  the 


MISCELLANEOUS.  483 

said  R A —  -  having  been  returned  to  the  said  peniten- 
tiary after  testifying  in  the  same  matter  before  the  grand  jury 

of  the  said  District  Court  for  the  District  of  I aforesaid ;  — 

and  the  court  being  now  fully  advised  in  the  premises : 

It  is  therefore  ordered  by  the  court,  that  the  said  Warden 

of  the  said  penitentiary  forth  with  deliver  the  said  R A— 

to  the  Marshal  of  this  Northern  District  of  O ;  and  that 

the  said  Marshal  forthwith  remove  the  said  R A to 

the  said  District  of  I ,  and  bring  him  before  the  said  Dis- 
trict Court  for  that  district,  at aforesaid,  there  to  testify 

as  such  witness  as  aforesaid ;  and  that  the  said  Marshal  safely 

keep  the  said  R A ,  and  forthwith  return  him  to  the 

custody  of  the  said  Warden,  at  the  penitentiary  aforesaid, 

whenever  the  said  R A shall  be  no  longer  needed  as 

such  witness. 


Replication  to  the  return  to  a  writ  of  habeas  carpus  issued 
upon  the  petition  of  a  United-States  supervisor  of  elec- 
tion^ in  custody  on  a  charge  of  violating  a  city  ordinance. 

No.  726. 

IN  THE   CIRCUIT  COURT  OF   THE   UNITED   STATES   OF  AMER- 
ICA FOR  THE DISTRICT  OF . 

Of  the Term,  in  the  year  189-. 

In  the  matter  of  the  petition  \ 

of  F G for  a  writ  I 

of  habeas  corpus.  ;  And  the  said  petitioner,  in 
his  own  person,  and  by  J B.  L ,  United-States  At- 
torney for  this  district,  for  replication  to  the  return  to  the 
writ  of  habeas  corpus  in  this  behalf,  says  that  by  reason  of 
anything  in  the  said  return  alleged  the  said  petitioner  ought 
not  to  be  detained  or  restrained  of  his  liberty,  because  he 
says,  that  the  supposed  disorderly  conduct  and  violation  of 
ordinance  mentioned  in  the  writ  of  commitment  set  forth  in 
the  said  return  are  the  same  acts  and  things  done  and  per- 
formed by  the  said  petitioner  as  alleged  in  his  said  petition, 
and  not  other  or  different;  and  that  the  said  acts  and  things 
so  done  and  performed  by  the  said  petitioner  were  by  him 


484  FORMS    ADAPTED   TO   CIVIL    CASES. 

done  and  performed  in  the  discharge  of  his  duties  as  a  super- 
visor of  election,  as  in  the  said  petition  set  forth,  and  not 
otherwise,  and  in  the  absence1  of  the  deputies  or  deputy  of 
the  Marshal  of  this  district;  and  that  the  said  petitioner  is 
wrongfully  and  unlawfully,  and  without  the  cause  alleged  in 
the  said  return,  detained  and  restrained  of  his  liberty :  Where- 
fore he  prays,  etc.  F- —  G . 

-  District  of  -  — ,  set. —  F—    -  G ,  the  petitioner  in 

the  foregoing  replication  named,  makes  oath  and  says,  that 
the  matters  and  things  in  the  said  replication  contained  are 
true,  to  the  best  of  his  knowledge,  information  and  belief. 

F G . 

Subscribed  and  sworn  before  me  by  the  above-named  F— 

G ,  this  -    -  day  of ,  A.  D.  189-. 

E A.  D , 

U.  S.  Commissioner. 


Petition  of  a  revenue  officer  for  the  removal,  under  Sec. 
643,  R.  S.,  to  a  United-States  circuit  court,  of  a  suit 
commenced  against  him  in  a  state  court. 

No.  727. 

To  the  Honorable  Judges  of  the  Circuit  Court  of  the  United 
States  of  America  for  the  Northern  District  of  -  — : 

The  petition  of  -  -  respectfully  showeth,  that  before 
the  commencement  of  the  suit  hereinafter  mentioned,  he  was 
Collector  of  Internal  Revenue  of  the  said  United  States  for 
the  -  -  Collection-District  of  the  State  of  -  — ,  appointed 
under  and  acting  by  authority  of  the  Internal-Revenue  Law 
of  the  said  United  States;  and  that  heretofore,  to  wit.  on  the 
day  of ,  in  the  year  one  thousand  eight  hundred  and 

— ,  an  action  of  -  -  was  commenced  against  your  peti- 
tioner by ,'in  the  -  -  Court  of  the  county  of  -  — , 

in  the  said  State  of  -  — ,  on  account  of  acts  done  by  your 
petitioner  as  such  officer  as  aforesaid,  under  color  of  his  said 
office,  and  by  authority  of  the  Internal-Revenue  Law  afore- 
said. And  that  your  petitioner  has  been  served  with  process 


i  See  No.  178,  ante. 


MISCELLANEOUS.  4-85 

of in  the  said  suit,  in  the  Northern  District  of afore- 
said ;  and  that  there  has  not  been  as  yet  any  trial  or  final 
hearing  of  the  said  suit. 

Your  petitioner  therefore  prays,  that  in  pursuance  of  the 
statute  of  the  said  United  States  in  such  case  made  and  pro- 
vided, the  said  suit  so  commenced  in  the  said Court  of 

the  county  of may  be  removed  therefrom  into  this  hon- 
orable court,  for  trial,  and  thereupon  proceed  as  a  cause  orig- 
inally commenced  in  the  same;  and  that  a  writ  of in  this 

behalf  may  issue  from  this  honorable  court  to  the  said  - 
Court  of  the  county  of ,  as  by  the  same  statute  is  pro- 
vided. 

Northern  District  of  ,  set.  — ,  the  above- 
named  petitioner,  makes  oath  and  says,  that  the  matters  set 
forth  in  the  foregoing  petition  are  true  in  substance  and  in 

1 1 1 ' '  I  .  -  • 

Subscribed  and   sworn   be-  ^| 

fore  me  bv  the  above-named   i 

"  I 

—  ,   this  day  of  \ 

,  A.  D.  189-. 


I, ,  an  attorney  and  counsellor  at  law  of  , 

do  certify,  that  as  counsel  for  the  petitioner  above  named 
I  have  examined  the  proceedings  against  him  in  the  forego- 
ing petition  mentioned,  and  have  carefully  inquired  into  all 
the  matters  set  forth  in  the  said  petition,  and  that  I  believe 
the  same  to  be  true.  . 


Petition  of  a  revenue  officer  for  the  removal,  upon  a  writ 
of  certiorari,  under  Sec.  643,  R.  S.,  to  a  United-States 
court,  of  a  suit  in  assumpsit,  begun  against  him  in  a 
state  court. 

No.  728. 

To  the  Circuit  Court  of  the  United  States  of  America  for  the 

District  of : 

The  petitioner,  K S ,  respectfully  shows  to  the  court, 

that  he  has  been  impleaded  in  a  court  of  the  state  of ,  to 

wit,  the Court  of  the  county  of ,  by  a  certain  corpo- 


486  FORMS    ADAPTED   TO   CIVIL   CASES. 

ration  called  the  C Distilling  Company,  in  a  plea  of  tres- 
pass on  the  case  upon  premises,  to  the  damage  of  the  said 

company,  as  it  alleges,  of dollars;  that  the  suit  in  that 

behalf  was  commenced  by  writ  of  summons  from  the  state 
court  aforesaid,  which  writ  bears  date  and  teste  of  the  - 
day  of  the  present  month  of ,  and  is  returnable  on  the 

—  day  of  the  same  month,  and  was  served  upon  the  peti- 
tioner on  the day  thereof;  that  the  petitioner  is,  and  has 

been  for  some  time  last  past,  collector  of  internal  revenue  of 

the  United  States  of  America  for  the Collection-District 

of ;  and  that  the  said  suit  so  commenced,  and  now  pend- 
ing in  the  said  state  court,  is  a  suit  commenced  and  brought 
against  the  petitioner  on  account  of  an  act  done  by  him  under 
color  of  his  office  aforesaid,  that  is  to  say,  a  suit  to  recover 
from  him  the  amount  of  a  certain  assessment  heretofore  made 
by  the  Commissioner  of  Internal  Revenue  of  the  said  United 
States,  under  the  internal-revenue  laws  thereof,  against  the 
said  company,  in  respect  of  its  business  of  a  distiller,  which 
amount  so  assessed  is  alleged  to  have  been  wrongfulljr  exacted 
by  the  petitioner,  as  such  collector  of  internal  revenue,  from 
the  said  company,  and  paid  to  him  by  the  same. 

Wherefore  the  petitioner  prays  that  the  said  suit  may  be 
removed  from  the  state  court  aforesaid  to  this  honorable 
court,  and  that  a  writ  of  certiorari  issue  for  that  purpose,  pur- 
suant to  the  statute  in  such  case  made  and  provided. 

District  of ,  set. —  R —  -  S ,  in  the  foregoing 

petition  named,  makes  oath  and  says,  that  he  has  read  the  said 
petition,  and  that  the  matters  therein  set  forth  are  true,  to 
the  best  of  his  knowledge,  information  and  belief. 

R S . 

Subscribed   and   sworn   be-] 

fore  me  by  the  above-named 

I> s ,  this  15th  day  of 

February,  189-. 

H W.  B , 

District  Judge. 

I,  W G.  E ,  an  attorney  and  counselor  at  law  of  the 

Circuit  Court  of  the  United  States  of  America  for  the  


MISCELLANEOUS.  48T 

District  of  ,  do  hereby  certify,  that  as  counsel  for  the 

above-named  petitioner  I  have  examined  the  proceedings 
against  him  mentioned  in  the  foregoing  petition,  and  have 
carefully  inquired  into  all  the  matters  therein  set  forth,  and 
that  I  believe  the  said  matters  to  be  true. 

Dated  at  C ,  this  15th  day  of  February,  189-. 

W G.  E . 


Plea  of  non  assumpsit,  on  behalf  of  an  officer  of  the  revenue, 
by  a  United-States  Attorney. 

No.  729. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  . 

May  Term,  189-. 

.-*rr        x 

[   No. . 

The  C Distilling  Company.  )    AssumPslt- 

And  the  said  R S ,  defendant,  by  W G.  E , 

(United-States  Attorney  for  this  district,)  his  attorney,  comes 
and  defends,  etc.,  and  says  that  he  did  not  undertake  or 
promise  in  manner  and  form  as  the  said  plaintiff  has  above 
thereof  complained  against  him ;  and  of  this  the  said  defend- 
ant puts  himself  upon  the  country,  etc. 

W G.  E , 

U.  S.  Attorney, 

for  defendant. 


Proof  of  notice  of  motion  for  further  security  for  costs. 

No.  730. 

UNITED-STATES  CIRCUIT  COURT,  DISTRICT  OF  I . 

J A.  C-  \  No. . 

vs.  >  Case. 

B H.  B and  others.    ;  The  plaintiff  will  take  notice,, 

that  on  Monday  the  $8th  inst.,  at  ten  o'clock  A.  M.,  or  as  soon 


488  FORMS   ADAPTED   TO   CIVIL   CASES. 

thereafter  as  counsel  can  be  heard,  the  defendants  will  move 
the  court  to  require  the  plaintiff  to  give  further  security  for 
costs  in  this  case. 
Dated,  Chicago,  April  25,  189-. 

T E.  M , 

Atty.  for  deft.  B . 


C Bros.  &  U , 

Attys.  for  defts.  W &  H- 


District  of  I ,  set. — J—  -  P.  II—  —  makes  oath  and  says, 

that  he  served  the  within  notice  on  J W.  E ,  one  of 

the  attorneys  for  the  plaintiff,  by  delivering  to  the  said  J— 

W.  E a  true  copy  of  the  same,  this  25th  day  of  April,  189-. 

J-    -  P.  H . 

Sworn  and  subscribed  before  me,  this  Both  day  of  April, 

A.  D.  189-.  P A.  H , 

?  Commissioner  U.  S.  Circuit  Court,  Dist.  I . 


Motion  by  defendants  for  further  security  for  costs. 
Mo.  731. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED   STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

March  Term,  189- 

J A.  C j    No. . 

vs.  r   Case. 

B—  -  H.  B—  -  et  al.  '  The  defendants  move  the  court  for 
an  order  requiring  the  plaintiff  to  give  further  security  for 
costs  in  this  cause,  for  reasons  set  forth  in  affidavits  filed  here- 
with. T—  -E.  M , 

Atty.  for  deft.  B . 

C Bros.  &  U , 

Attys.  for  defts.  W &  H . 


MISCELLANEOUS.  489 


Affidavit  on  motion  of  defendants  for  further  security  for 

costs. 

No.  732. 

IN  THE  CIRCUIT  COURT  OF  THE   UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

J-    -  A.  C-  \     No. . 

vs.                   >    Case. 
B H.  B et  al.  J    The    defendant    B H.    B 


makes  oath  and  says,  that  he  is  informed  and  believes  that 
the  plaintiff  is  a  non-resident  of  this  state;  that,  as  this  affi- 
ant is  further  informed  and  believes,  costs  have  already  been 
incurred  in  this  suit  to  the  amount  of  several  hundred  dollars, 
and  other  costs  are  accruing  and  likely  to  accrue  therein  to 
the  amount  of  several  hundred  dollars  more;  that  he  is  fur- 
ther informed  and  believes  that  no  sufficient  security  for  costs 
has  been  filed  in  this  cause  by  the  plaintiff,  and  that  the  offi- 
cers of  this  court  and  the  defendants  will  be  endangered  in 
respect  of  their  legal  demands  and  costs  respectively,  unless 
the  plaintiff  shall  be  required  to  give  further  security  in  this 
behalf;  and  further,  that  this  affiant  is  advised  and  believes  it 
is  probable  that  in  case  this  suit  is  prosecuted  to  conclusion, 
a  judgment  for  costs  will  be  rendered  against  the  plaintiff. 

B H.  B . 

Sworn  and  subscribed  before  me  by  the  above-named  B 

H.  B ,  this  26th  day  of  April,  A.  D.  189- 

"  P A.  H , 

Commissioner  of  U.  S.  Circuit  Court,  District  of . 

Plea  of  not  guilty,  to  an  action  on  the  case. 
No.  733. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 

FOR  THE  DISTRICT  OF . 

October  Term,  189-. 

B H.  B and  others  \  No. . 

ats.  >  Case. 

J A.  C .  J  And  the  said  B H.  B , 

by  T E.  M ,  United-States  Attorney  for  this  district, 

comes  and  defends  the  wrong  and  injury,  when,  etc.,  and  says 


490  FORMS    ADAPTED   TO   CIVIL   CASES. 

that  he  is  not  guilty  of  the  supposed  grievances  above  laid  to 
his  charge,  or  any  or  either  of  them,  in  manner  and  form  as 
the  said  plaintiff  lias  above  thereof  complained  against  him : 

And  of  this  the  said  B II.  B puts  himself  upon  the 

country.  T E.  M , 

United-States  Attorney. 

Joinder  in  demurrer  to  an  information  on  seizure  for  vio- 
lation of  revenue  laws. 

No.  734. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 

FOR  THE  DISTRICT  OF . 

Term,  189-. 

The  United  States  of  America  \  No. . 

vs.  v  Infwmation. 

)  And  the  said  Attorney  of  the 


said  United  States,  who  prosecutes  as  aforesaid,  for  the  said 
United  States  says,  that  the  said  information,  and  each  count 
thereof,  and  the  matters  therein  contained,  in  manner  and 
form  as  the  same  are  above  set  forth,  are  sufficient  in  law  for 
the  said  United  States  to  maintain  their  aforesaid  action;  and 
this  he  for  the  said  United  States  is  ready  to  verify,  as  the 
court  here  shall  direct:  Wherefore,  inasmuch  as  the  said 
claimants  have  not  denied  the  said  information,  the  said  At- 
torney, who  prosecutes  as  aforesaid,  for  the  said  United  States 

prays  judgment,  etc.  , 

United-States  Attorney. 

Demurrer  to  certain  pleas  to  an  information  of  debt,  and 
similiter  to  another  plea. 

No.  735. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE DISTRICT  OF . 

Term,  189-. 

The  United  States  of  America  "j 

vs.  I  No. . 

[  Information  of 'debt. 

and  others.  J  And  the  said  Attorney  of 
the  said  United  States,  who  prosecutes  as  aforesaid,  as  to  the 
pleas  of  the  said , , and by 


MISCELLANEOUS.  491 

them  secondly,  thirdly  and  fourthly  above  pleaded,  for  the  said 
United  States  says,  that  those  pleas,  and  each  of  them,  and  the 
matters  therein  contained,  in  manner  and  form  as  the  same  are 
above  pleaded  and  set  forth,  are  not  sufficient  in  law  to  bar 
the  said  United  States  from  having  their  aforesaid  action,  and 
that  he  the  said  Attorney  of  the  said  United  States,  who 
prosecutes  as  aforesaid,  is  not  bound  by  law  for  the  said 
United  States  to  answer  the  same ;  and  this  he  for  the  said 
United  States  is  ready  to  verify :  Wherefore,  for  want  of  suf 
ficient  pleas  or  plea  in  this  behalf,  he  for  the  said  United 
States  prays  judgment,  etc. 

And  the  said  Attorney  of  the  said  United  States,  who  prose- 
cutes as  aforesaid,  as  to  the  plea  of  the  said ,  - 

— , and by  them  firstly  above  pleaded, 

and  whereof  they  have  put  themselves  upon  the  country,  for 

the  said  United  States  does  the  like. , 

United-States  Attorney. 

Demurrer  to  plea. 

No.  736. 

Term,  18—. 

IN  THE   CIRCUIT  COURT  OF  THE   UNITED  STATES  OF  AMERICA 
FOR  THE  NORTHERN  DISTRICT  OF . 

The  United  States  of  America 


vs. 


No. . 

Information  of  debt. 

And  the  said  Attorney  of  the 
said  United  States,  who  prosecuted  as  aforesaid,  as  to  the  plea 

of  the  said  by  — h above  pleaded,  for  the 

said  United  States  says,  that  the  same  plea — ,  -  — ,  and  the 
matters  therein  contained,  in  manner  and  form  as  the  same 
are  above  pleaded  and  set  forth,  are  not  sufficient  in  law  to  bar 
the  said  United  States  from  having  their  aforesaid  action,  and 
that  he  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  is  not  bound  by  law  for  the  said  United 
States  to  answer  the  same ;  and  this  he  for  the  said  United 
States  is  ready  to  verify :  Wherefore,  for  want  of  —  sufficient 
plea in  this  behalf,  he  for  the  United  States  prays  judg- 
ment, etc.  , 

United-States  Attorney. 


492  FORMS   ADAPTED   TO   CIVIL   CASES. 

Common  similiter. 

No.  737. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  for  the  said  United  States  does  the  like. 

Special  similiter, 

No.  738. 

[Title.]     And  the  said  Attorney  of  the  said  United  States, 
who  prosecutes  as  aforesaid,  as  to  the  plea —  of  the  said  - 

-  by  — h above  pleaded,  and  whereof  — he —  ha — 

put  — h — sel —  upon  the  country,  for  the  said  United  States 
does  the  like. 

Replication  de  injuria.*'2 
No.  739. 

And  the  said  Attorney  of  the  said  United  States,  who  pros- 
ecutes as  aforesaid,  as  to  the  plea  of  the  said by 

— h—  -  above  pleaded,  for  the  said  United  States  says, 
that  by  reason  of  anything  in  that  plea  contained  the  said 
United  States  ought  not  to  be  barred,  etc.,  because,  he  says, 
that  the  said  —  -  of  — h —  own  wrong,  and  without  the 
cause  by  —  h —  in  that  plea  alleged,  committed  the  breach  of 
condition  in  that  plea  mentioned:  And  this  the  said  Attorney 
of  the  said  United  States,  who  prosecutes  as  aforesaid,  for  the 
said  United  States  prays  may  be  inquired  of  by  the  country, 
etc. 

'  See  No.  699,  ante. 

2  Some  circuit  courts  have  a  rule  providing  that  to  any  special  plea  the 
plaintiff  may  reply  de,  injuria,  or  other  general  replication  denying  the  plea, 
tli.-  effect  of  which  shall  be  to  put  in  issue  all  the  material  averments  of  tlio 
plea. 


MISCELLANEOUS.  493 


Consent  fixing  value  of  property  seized,  and  being  for  the 
sole  purpose  of  fixing  the  amount  of  the  bond  to  be 
given  on  release. 

No.  740. 

IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  . 

The  United  States,  etc.,  \  No. . 

vs.  V  Information. 

)  The  parties  informant  and  claimant 


in  this  cause  hereby  consent  that  the  value  of  the  property 
seized  in  this  behalf,  and  in  the  said  information  described,  be 
fixed  at ,  without  appraisement. 

This  agreement  is  made  solely  for  the  purpose  of  avoiding 
the  expense,  trouble  and  delay  of  an  appraisement  by  order 
of  court,  and  is  not  to  be  deemed  an  admission  as  to  the  value 
of  the  property  seized,  for  any  other  purpose  than  that  of 
fixing  the  amount  of  the  bond  to  be  given  in  case  the  said 
property  shall  be  released  to  the  said  claimant  on  bond. 

Dated  this day  of ,  A.  D.  189- 


United-States  Attorney. 


Attorney  for  Claimant. 

Claimant's  bond  for  value  on  delivery  of  property  seized. 

No.  741. 

Know  all  men  by  these  presents,  that  we, ,  of  the 

of ,  in  the  state  of ,  are  held  and  firmly  bound 


unto  the  United  States  of  America  in  the  sum  of  three  thousand 
dollars,  to  be  paid  to  the  said  United  States;  for  the  payment 
of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents,  sealed  with  our  seals,  and  dated  this 

day  of ,  in  the  year  189-. 

Whereas  an  information  was  filed  in  the  District  Court  of- 
the  said  United  States  for  the  District  of  ,  on  the 


494  FORMS    ADAPTED   TO   CIVIL   CASES. 

day  of ,  in  the  year  189-,  by ,  Attorney  of  the 

said  United  States  for  the  district  aforesaid,  on  behalf  of  the 
said  United  States,  against  certain  property,  for  reasons  and 
causes  in  the  said  information  mentioned,  and  praying  that 
the  same  may  be  condemned  as  forfeited;  which  property  is 
described  as  follows,  to  wit : . 

And  whereas  the  said  property  is  now  in  the  custody  of  [or, 

has  been  attached  by]  the  Marshal  of  the  said  District  of , 

[in  possession  of  the  Collector  of  Customs  for  the  Port  and 

District  of ,]  under  the  process  issued  in  pursuance  of  the 

prayer  of  the  said  information: 

And  whereas  the  said ,  claimant —  of the  said 

property, by petition  in  that  behalf  ha —  prayed  a 

delivery  of  the  said  property  so  claimed  to  — h — ,  upon  - 
giving  bond  with  security,  and  the  same  is  about  to  be  deliv- 
ered to  — h —  according  to  the  prayer  of said  petition : 

And  whereas  the  value  of  the  said  property  so  claimed  has 
been  fixed  by  consent  [or,  appraisement]  in  writing,  filed  in 
the  said  court,  at  the  sum  oft.  fifteen  hundred  dollars: 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that 
in  case  the  said  property  so  claimed  shall  by  sentence  or  judg- 
ment of  court  be  condemned  as  forfeited,  if  the  said  obligors 
or  either  of  them,  or  the  heirs,  executors  or  administrators  of 
them  or  either  of  them,  shall  thereupon  pay  into  court  the 
said  sura  of  fifteen  hundred  dollars,  then  this  obligation  shall 
be  void,  and  otherwise  shall  remain  in  full  force. 

And  in  case  of  such  judgment  of  condemnation,  we  the  said 
obligors,  submitting  ourselves  to  the  jurisdiction  of  the  court, 
hereby  consent  and  agree,  that  unless  the  said  sum  of  fifteen 
hundred  dollars  shall  forthwith  be  so  paid  into  court,  a  sum- 
mary judgment  may  be  entered  against  us,  or  any  or  either 
of  us,  for  the  penalty  of  this  obligation,  with  award  of  execu- 
tion to  be  satisfied  on  making  the  aforesaid  sum  of  fifteen  hun- 
dred dollars.  .  (Seal.) 

.    (Seal.) 

.    (Seal.) 


MISCELLANEOUS.  495 

Order  certifying  probable  cause. 

No.  742. 

And  now  on  this  day,  upon  the  motion  of  the  District  At- 
torney, [for  the  said  defendant,]  it  is  certified  by  the  court 
that  there  was  probable  cause1  for  the  acts  done  by  the  said 
defendant,  Collector  of  Customs,  [and  whereof  the  said  plaintiff 
has  complained  against  him,]  in  this  behalf;  [and  it  is  ordered 
that  no  execution  issue  upon  the  judgment  herein  against  the 
said  defendant.] 


Prsecipe  for  an  alias  summons  for  one  or  more  of  several 

defendants. 

No.  743. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States  of  America  -^ 

Action  of  debt. 

A W ,  J R  H |  Debt'  $~ 

D.  Q g J   Damages,  $ . 

Let  an  alias  summons  issue,  as  above,  returnable  to  the 

term,  189-,  for  the  defendants  J R   H and  C — 

S [or,  for  C S ,  impleaded  with  the  other  defend- 
ants.]   , 

United-States  Attorney. 

To ,  Esq., 

Clerk,  etc. 


1 " '  Probable  cause '  means  less  than  evidence  which  would  justify  con- 
demnation. It  imports  a  seizure  made  under  circumstances  which  warrant 
suspicion."  Locke  v.  U.  S.,  7  Cranch,  339 ;  see,  also,  The  Thompson,  3  Wall. 
155;  Averitt  v.  Smith,  17  Id.  92. 


496  FORMS    ADAPTED   TO   CIVIL   CASES. 

Praecipe  for  subpcena. 
No.  744. 

UNITED  STATES COURT,  DISTRICT  OF 

The  United  States  of  America  ) 

vs.  r No- 


) 


Let  a  subpoena  issue  for ,  forthwith  to  appear  be- 
fore the  said  court,  [ — or,  to  appear  before  the  said  court  on 
the  -  -  day  of  -  — ,  A.  D.  189-,  at  -  -  o'clock  — .  M.,]  to 
testify  on  behalf  of  the  said  United  States  in  the  above-enti- 
tled cause.  , 

United-States  Attorney. 
To ,  Esq.,  Clerk. 


Praecipe  for  execution. 

No.  745. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES   OF  AMERICA 
FOR  THE  DISTRICT  OF . 

The  United  States  of  America  \ 

f  .No. . 

vs. 


Delt. 


Let  a  fieri  facias  issue  in  the  above-entitled  cause.  [Or, 
Let  a  writ  of  fieri  facias  issue  upon  the  judgment  in  the  above- 
entitled  cause.]  , 

United-States  Attorney. 
To  -  — ,  Esq., 

Clerk,  etc. 


MISCELLANEOUS. 


497 


United-States  Attorney's  certificate  to  Clerk  of  attendance 
and  discharge  of  witness  or  witnesses. 

No.  746. 


OFFICE  OF  THE  UNITED-STATES  ATTORNEY  FOR  THE  DISTRICT 

OF  . 

Chicago, ,  189-. 

I  hereby  certify,  that  the  person —  below  named  ha —  at- 
tended the Court  of  the  United  States  of  America,  at 

— ,  as witness —  for  the  United  States,  and hereby 

discharged. 


United-States  Attorney. 


Name. 

Residence. 

When  sworn. 

Days. 

Miles. 

Sworn  bill  of  expenses  of  a  clerk  or  other  officer  of  the 
United  States,  incurred  by  attending  United  States 
court  as  a  witness  for  the  United  States.  (Sec,  850, 
R.S.) 

No.  747. 
THE  UNITED  STATES, 

To ,  [Deputy- Collector  of  Internal  Revenue,]  Dr. 

189-. 

To  necessary  expenses  incurred  in  attending  the  United  States 

Court,  at ,  as  a  witness  for  the  United  States,  in  the 

suit  against ,  as  follows : 


Traveling  expenses  from 

Board  while  in  attendance, days,  at  $ per  day 


Traveling  expenses  in  returning  to . , 

Total. 


498  FORMS   ADAPTED   TO   CIVIL   OASES. 

District  of ,  set. makes  oath  and  says,  that 

the  foregoing  account  is  in  all  respects  just  and  true. 


Subscribed  and  sworn  before  me,  at ,  this  -    -  day  of 

— ,  189-.  , 


I  hereby  approve  the  foregoing  account. 


United-States  Attorney. 


Bill  in  chancery,  on  behalf  of  the  United  States,  to  set 
aside  conveyances  of  real  estate  and  personal  property 
by  one  against  whom  the  United  States  has  a  judgment, 
and  to  subject  property  to  execution  on  judgment,  and 
for  discovery,  appointment  of  a  receiver,  etc.,  and  in- 
junction. (Creditors'  bill.) 

No.  748. 

To  the  Honorable  the  Judges  of  the  Circuit  Court  of  the 

United  States  of  America  for  the  District  of ,  in 

Chancery  sitting: 

Your  orator,  S D ,  Attorney  of  the  United  States 

of  America  for  the  District  of  I ,  who  for  the  said  United 

States  in  this  behalf  prosecutes,  respectfully  shows  unto  your 
honors,  that  at  the  December  Term,  in  the  year  eighteen  hun- 
dred and  -  — ,  of  the  Circuit  Court  of  the  said  United  States 

for  the  district  aforesaid,  to  wit,  on  the day  of  December^ 

in  that  year,  by  the  consideration  of  the  said  court  the  said 
United  States  recovered  against  one  C—  -  D.  F—  -  and  one 

C—   -  L ,  both  of  the  county  of  H— — ,  in  the  said  district, 

the  sum  of dollars,  debt,  and  the  costs  and  charges  of 

the  said  United  States  in  that  behalf  expended,  taxed  at  the 

sum  of ,  whereof  the  said  C- D.  F and  C — 

L were  convicted;  on  which  occasion  the  damages  which 

the  said  United  States  had  sustained  by  reason  of  certain 
breaches  of  the  condition  of  a  certain  writing  obligatory  in 
that  behalf  were  assessed  by  a  jury  at  the  sum  of  dol- 
lars ;  as  by  the  record  thereof  remaining  in  the  said  court 
more  fully  appears. 


MISCELLANEOUS.  499 

And  your  orator  further  shows,  that  the  said  judgment  re- 
maining in  full  force,  and  the  damages  and  costs  aforesaid 
unsatisfied,  your  orator  afterwards,  to  wit,  on  the  -  -  day 
of ,  in  the  year  eighteen  hundred  and  -  — ,  for  the  pur- 
pose of  obtaining  satisfaction  of  the  said  judgment,  sued  out 
of  the  said  court  a  writ  of  fieri  facias?  directed  to  the  Mar- 
shal of  the  district  aforesaid,  being  the  district  in  which  the 

said  C D.  F and  C L then  resided ;  by  which 

writ  aforesaid  the  said  Marshal  was  commanded,  that  of  the 

goods  and  chattels,  lands  and  tenements,  of  the  said  C D. 

F and  C L ,  in  his  district,  the  said  Marshal  should 

cause  to  be  made  the  sum  of ,  for  the  debt  aforesaid  and 

the  costs  and  charges  of  the  said  United  States  in  that  behalf, 
and  that  he  should  have  that  money  at  the  office  of  the  Clerk 
of  the  said  court,  in  ninety  days  from  the  date  of  the  said 
writ,  to  render  to  the  said  United  States  for  their  debt  and 
costs  aforesaid,  and  that  he  should  have  there  also  that  writ ; 
on  which  said  writ,  at  the  time  of  the  issuing  thereof,  was  an 
endorsement  or  memorandum  by  the  said  Clerk,  to  the  effect 
that  the  said  Marshal  should  take  notice  that  the  debt  men 
tioned  in  the  said  writ  was  nominal,  and  that  the  said  writ 
was  to  be  satisfied  upon  his  making  thereon  the  damages  and 
costs  in  that  behalf,  amounting  to  the  sum  of ,  and  inter- 
est thereon.  And  afterwards,  on  the  same  day,  the  said  writ 
was  delivered  to  the  said  Marshal,  to  be  by  him  executed  in 
due  form  of  law. 

And  your  orator  further  shows,  that  afterwards,  to  wit,  on 

the day  of ,  in  the  same  year  189-,  the  said  Marshal 

returned  the  said  writ  of  fieri  facias,  wholly  unsatisfied,  into 
the  Clerk's  office  aforesaid ;  as  by  the  return  of  the  said  Mar- 
shal upon  the  said  writ,  remaining  affiled  of  record  in  the  said 
court,  more  fully  appears. 

And  your  orator  further  shows,  that  the  said  judgment  still 
remains  in  full  force,  not  satisfied,  reversed,  or  otherwise  va- 
cated; that  there  is  BOW  actually  and  equitably  due  to  the 

1 "  A  creditors'  bill  to  set  aside  a  fraudulent  conveyance  must  allege  that 
the  plaintiff  has  prosecuted  his  claim  to  judgment,  and  had  an  execution 
issued  thereon,  which  has  been  returned  unsatisfied."  Morrow  Shoe  Manufg 
Co.  v.  New  England  Shoe  Co.  et  al,  57  F.  R  685,  following  Scott  v.  Neely, 
140  U.  S.  106,  and  Gate*  v.  Allen,  149  Id.  451. 


500  FORMS   ADAPTED   TO   CIVIL   OASES. 

said  United  States  upon  the  same  the  said  sum  of  -  — ,  to- 
gether with  interest  thereon  from  the  date  of  the  said  judg- 
ment; and  that,  as  your  orator  is  informed  and  believes,  the 

said  C D.  F and  C L have  not,  nor  has 

either  of  them,  any  claim  or  demand,  legal  or  equitable, 
against  the  said  United  States,  by  way  of  set-off  or  other- 
wise. 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  the  said  C—  -  L—  -  was  at  the  time  of  the  recov- 
ery aforesaid,  and  for  several  years  before  that  time  had  been, 
engaged  in  business  as  a  trader,  contractor,  and  farmer,  at  the 

town  of  S ,  in  the  said  county  of  II ;  that  in  the  course 

of  his  business  divers  persons  became  indebted  to  him  the  said 
C—  -  L in  divers  large  sums;  that  at  the  time  of  the  ex- 
hibition of  this  your  orator's  bill  of  complaint  for  the  said 

United  States,  the  said  C—    -  L has  divers  claims  and 

demands  for  money  or  property  due  him,  for  which  he  holds 
divers  securities  and  evidences,  to  a  large  amount ;  that  there 
are  divers  goods,  wares  and  merchandises,  or  other  articles  of 
personal  property,  which  belong  to  him,  or  in  which  he  is  in 
some  manner  beneficially  interested ;  that  he  has  equitable 
interests  and  things  in  action,  and  is  the  owner  of,  or  in  some 
manner  beneficially  interested  in,  the  stock  of  some  company 
or  copartnership;  that  he  has  some  money  in  coin,  bank-bills 
or  United-States  notes, —  or  has  money  deposited  in  some 
bank  or  elsewhere,  to  his  credit, —  or  has  money,  or  securities 
for  the  payment  of  money,  held  in  trust  or  otherwise  for  his 

benefit ;  and  that  he  the  said  C—   -  L is  the  owner  of,  or 

in  some  manner  beneficially  interested  in,  some  real  estate,  in 
this  or  some  other  State  or  Territory,  or  some  chattels  real 
of  some  kind,  or  the  rents,  issues  or  profits  of  some  real  estate, 
or  some  contract  or  agreement  relating  to  real  estate:  All 
which  real  estate  and  personal  property,  effects  and  moneys 
ought  to  be  applied  towards  satisfaction  of  the  judgment 
aforesaid.  And  your  orator  is  informed  and  believes,  and 

therefore  alleges,  that  the  said  C —   -  L owns  property, 

effects,  demands,  equitable  interests  and  things  in  action,  to 

the  value  of  more  than ,  exclusive  of  any  prior  claim  or 

claims  thereon;  which  property,  effects,  demands,  equitable 
interests  and  things  in  action  the  said  United  States  have  been 


MISCELLANEOUS.  601 

unable  to  reach  by  execution  on  the  said  judgment.     And  if  the 

said  C L has  made  any  sale,  transfer  or  assignment 

of  his  property  or  effects,  or  any  part  thereof,  your  orator 
believes,  and  therefore  alleges,  that  such  sale,  transfer  or  as- 
signment is  a  mere  device  for  the  purpose  of  covering  up  such 
property  or  effects,  and  placing  the  same  beyond  the  reach  of 
execution  on  the  said  judgment,  and  enabling  the  said  C — 
L —  -  to  control  and  enjoy  such  property  or  effects,  and  the 
avails  thereof;  and  that  it  would  so  appear  if  the  said  C— 

L would  set  forth  and  show  when  and  to  whom  such 

sale,  transfer  or  assignment  was  made,  and  what  was  the 
amount  and  value  of  the  property  or  effects  so  sold,  trans- 
ferred or  assigned,  and  what  were  the  conditions  upon  which 
such  sale,  transfer  or  assignment  was  made,  and  what  disposi- 
tion has  been  made  of  such  property  or  effects,  and  in  whose 
possession  the  same  now  are,  or  what  has  been  done  with  the 
avails  thereof. 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  one  A B and  one  F B ,  both  of  the 

city  of  B ,  in  the  State  of  K ,  or  one  of  them,  have  or 

has  in  their  or  his  possession  or  control  goods,  wares  and  mer- 
chandise, and  other  articles  of  personal  property,  which  be- 
longs to  the  said  C L ,  or  in  which  he  is  in  some  way 

beneficially  interested ;  or  that  they  the  said  A B —  -  and 

F—  -  B ,  or  one  of  them,  have  or  has  in  their  or  his  pos- 
session, or  under  their  or  his  control,  some  money,  stock, 
bonds,  promissory  notes,  bills  of  exchange,  judgments,  mort- 
gages, deeds  of  trust,  books  of  account,  demands,  evidences  of 
debt,  or  other  things  in  action,  which  they  or  one  of  them 
hold  or  holds  in  trust  or  otherwise  for  the  use  and  benefit  of 
the  said  C L ,  or  in  which  he  is  in  some  way  bene- 
ficially interested;  or  that  they  the  said  A B and 

F—    -  B ,  or  one  of  them,  hold  or  holds  in  trust  for  the 

said  C—   -  L ,  or  for  his  use  or  benefit  in  some  manner  or 

degree,  some  real  estate  in  this  or  some  other  State  or  Terri- 
tory, or  some  chattels  real  of  some  kind,  or  some  contract  or 
agreement  relating  to  real  estate,  or  the  rents,  issues  or  profits 
of  some  real  estate; — and  that  it  would  so  appear  if  the  said 
A—  -  B—  -  and  F—  -  B—  -  would,  each  for  himself,  ac- 
cording to  the  best  of  his  knowledge,  information,  and  belief, 


502  FORMS    ADAPTED   TO   CIVIL   CASES. 

set  forth  and  show  everything  relating  to  any  and  all  such 
real  or  personal  property,  effects,  and  things  in  action  held  or 
controlled  by  them  or  either  of  them  for  the  use  or  benefit  in 

any  manner  of  the  said  C—  -  L ,  and  how,  and  upon  what 

terms  and  conditions,  and  for  what  purposes,  the  same  are  so 

held  or  controlled  by  them  the  said  A B and  F— 

B ,  or  either  of  them,  and  all  the  facts  and  circumstances 

relating  to  the  same. 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  before  the  time  of  the  recovery  aforesaid,  but  after 
the  commencement  of  the  suit  in  that  behalf,  and  after  the 

said  C—   -  L had  been  served  with  summons  therein,  to 

wit,  on  the day  of  December,  in  the  year  18 — ,  he  the  said 

C L was  the  owner  in  fee  simple  of  certain  lands, 

with  their  appurtenances,  lying  in  the  said  county  of  H— 
and  State  of  I ,  that  is  to  say : 

The  south  Half  of  the  south-west  Quarter  of  Section  Seven,  in  Township 
Nine  north,  of  Range  Five  west  of  the  Fourth  Principal  Meridian,  con  tain- 
ing  76. 90  acres: 

The  south-west  Quarter  of  Section  Five,  containing  160  acres ; 

The  south-east  Quarter  of  the  north-west  Quarter  of  Section  Seven,  con- 
taining 40  acres ; — 

All  in  Township  Ten  north,  of  Range  Five  west  of  the  Fourth  Principal 
Meridian. 

And  that  the  said  C L ,  on  the  day  last  aforesaid,  so 

being  the  owner  of  the  lands  above  described,  by  his  deed  of 
mortgage  of  that  date  pretended  to  convey  the  same  in  fee  to 
the  said  A—  -  B ,  for  a  pretended  consideration  of  -  —  dol- 
lars. And  your  orator  is  informed  and  believes,  and  therefore 
alleges,  that  the  said  pretended  conveyance  was  not  real,  but 
was  a  mere  device  for  the  purpose,  and  made  with  the  inten- 
tion, of  defrauding  the  said  United  States,  and  other  creditors 
of  the  said  C L ,  of  their  just  demands;  that  no  con- 
sideration was  paid  for  the  said  pretended  conveyance;  and 
that  the  lands  above  described  are  now  held  by  the  said  A — 

B in  trust  for  the  said  C—   -  L ,  and  for  his  use  and 

benefit,  and  for  the  purpose  of  preventing  the  seizing  of  the 
same  in  execution  under  the  judgment  aforesaid.  „ 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  on  the day  of  Decemler,  in  the  same  year  18 — , 

the  said  C L was   possessed  of  certain  goods  and 


MISCELLANEOUS.  503 

chattels,  then  being  in  the  said  county  of  H ,  that  is  to 

say,  two  gray  horses,  one  black  mare,  one  black  horse,  one 
other  gray  horse,  one  gray  horse  with  some  black  spots,  four 
red  cows,  twenty  head  of  stock-hogs,  three  cultivators,  six 
plows,  and  one  thousand  bushels  of  corn  in  warehouse  at 

S :  And  the  said  C L ,  so  being  possessed  thereof, 

on  the  day  last  mentioned,  and  before  the  time  of  the  recov- 
ery aforesaid,  but  after  the  commencement  of  the  suit  in  that 
behalf,  and  after  he  had  been  served  with  summons  therein, 
by  his  deed  of  chattel-mortgage  of  that  date  pretended  to 
convey  the  above-described  goods  and  chattels  to  the  said 

F B ,  for  a  pretended  consideration  of  dollars. 

And  your  orator  is  informed  and  believes,  and  therefore  al- 
leges, that  the  said  chattel-mortgage  was  not  made  in  good 
faith,  but  was  a  mere  device  for  the  purpose,  and  made  with 
the  design,  of  defrauding  the  said  United  States,  and  other 

creditors  of  the  said  C L ,  of  their  just  claims;  that 

no  consideration  was  paid  for  the  said  pretended  conveyance 
of  the  above-described  goods  and  chattels;  and  that  the  same 

are  now  held  by  the  said  F B in  trust  for  the  said 

C L ,  and  for  his  use  and  benefit,  and  for  the  purpose 

of  preventing  the  taking  of  the  same  in  execution  under  the 
judgment  aforesaid. 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  the  said  A B and  F B are  men  of 

no  pecuniary  responsibility,  and  are  possessed  of  little  or  no 
property  other  than  that  so  fraudulently  conveyed  to  them 
respectively  as  aforesaid,  and  are  in  embarrassed  circum- 
stances, and  largely  in  debt. 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  after  the  delivery  of  the  said  writ  of  fieri  facias  to 
the  said  Marshal,  and  before  the  return  of  the  same  as  afore- 
said, the  said  Marshal  frequently  made  demand  upon  the  said 

C L to  pay  the  amount  due  upon  the  said  writ,  or  to 

turn  out  property  whereof  that  amount  or  some  part  of  the 

same  could  be  made  by  the  said  Marshal ;  but  the  said  C 

L always  refused  to  pay  that  amount,  or  any  part  thereof, 

or  to  turn  out  property  towards  satisfaction  of  the  same,  but 
fraudulently  insisted  that  he  had  neither  money  nor  property 
wherewith  to  satisfy  the  same,  or  any  part  thereof:  and  the 


504  FORMS    ADAPTED   TO   CIVIL   CA8E8. 

said  Marshal  was  unable  to  find  any  property  or  effects  of  the 
said  C L ,  except  the  said  lands,  goods  and  chattels  in- 
cluded in  and  covered  by  the  pretended  deed  of  mortgage  and 
deed  of  chattel-mortgage  above  mentioned,  or  any  property 
or  effects  whatsoever  of  the  said  C D.  F . 

And  your  orator  further  shows,  upon  information  and  be- 
lief, that  the  said  C—  -  D.  F—  -  has  no  property  or  effects 
of  any  kind,  subject  to  execution  and  sale,  nor  had  he  any 
such  property  or  effects  at  the  time  of  the  recovery  aforesaid, 
or  at  any  time  since. 

Forasmuch  therefore  as  the  said  United  States  are  without 
adequate  remedy  in  the  premises,  except  in  a  court  of  equity : 

and  to  the  end  that  the  said  C L ,  A B and 

F—  -  B ,  who  are  made  parties  defendant  to  this  bill, 

may  be  required,  according  to  the  best  and  utmost  of  their 
knowledge,  remembrance,  information  and  belief  respectively, 
to  make  full,  true,  direct  and  perfect  answer  (but  not  under 
oath,  the  answer  under  oath  being  hereby  waived,)  to  all  and 
singular  the  matters  and  things  hereinbefore  set  forth  and 
alleged,  as  fully  and  particularly  as  if  the  same  were  here  re- 
peated, and  the  said  defendants  thereto  distinctly  interrogated  : 

And  that  the  said  C—  -  L—  -  may  fully  and  particularly 
set  forth  and  discover  all  property,  effects  and  things  in  action 
belonging  to  him,  or  in  which  he  has  any  interest  whatsoever, 
with  the  amounts,  quantities  and  values  thereof  respectively; 
and  all  trusts  whereby  any  property,  effects  or  things  in  action 
are  held  for  his  use  or  benefit,  with  the  kinds,  amounts,  quan- 
tities and  values  respectively  of  such  property,  effects  or  things 
in  action  so  held;  and  every  sale,  transfer  or  assignment  which 
he  has  made  of  any  of  his  property,  effects  or  things  in  action, 
since  the  commencement  of  the  said  suit  against  the  said 

C—  -  D.  F—  -  and  C—  -  L ,  to  wit,  since  the  -  -  day 

of  -  — ,  in  the  year  18 — ,  and  the  person  or  persons  to  whom, 
and  the  trusts  or  conditions  upon  which,  every  such  sale,  trans- 
fer or  assignment  has  been  made;  and  all  the  facts  and  cir- 
cumstances relating  to  every  such  sale,  transfer  or  assignment, 
and  particularly  the  present  situation  of  any  and  all  property, 
effects  or  thing-;  in  action  so  sold,  transferred  or  assigned,  and 
the  kinds  and  values  thereof: 

And  that  the  said  A B and  F—    -  B may  make 


MISCELLANEOUS.  505 

full  and  complete  discovery  of  all  property,  effects  and  things 
in  action  held  or  controlled  by  them  or  either  of  them  in  trust 

for  the  use  or  benefit  of  the  said  C L ,  either  now  or 

at  any  time  since  the  commencement  of  the  said  suit  against 

him  and  the  said  C D.  F—  — ;  and  may  severally  set  forth 

and  show  the  kinds,  amounts,  quantities,  values  and  present 
situation  of  such  property,  effects  or  things  in  action,  and  the 
precise  terms  and  conditions  upon  which  the  same  are  or  have 

been  held  or  controlled  by  them  the  said  A B —  -  and 

F—  -  B ,  or  either  of  them,  with  all  the  particulars  relat- 
ing thereto;  and  may  also  set  forth  and  discover,  according 
to  the  best  of  their  knowledge,  information  and  belief,  any  and 
all  property,  effects  and  things  in  action  belonging  to  the  said 
C L ,  or  in  which  he  is  any  manner  or  degree  inter- 
ested : 

And  that  the  said  C L and  A B may  fully 

and  particularly  set  forth  and  discover  the  amount  and  value 
of  money  or  property,  if  any,  actually  lent,  paid  or  delivered 
for  the  said  pretended  mortgage  of  real  estate ;  and  how  such 
lending,  payment  or  delivery  was  or  was  to  be  made;  and 
whence  such  money  or  property,  if  any,  so  lent,  paid  or  de- 
livered was  derived;  and  the  purpose  of  the  said  pretended 
mortgage  of  real  estate,  and  all  the  facts  and  circumstances 
attending  the  same : 

And  that  the  said  C L and  F B may  fully 

and  particularly  set  forth  and  discover  the  amount  and  value 
of  money  or  property,  if  any,  actually  lent,  paid  or  delivered 
for  the  said  pretended  mortgage  of  chattels;  and  how  such 
lending,  payment  or  delivery  was  made  or  to  be  made;  and 
whence  such  money  or  property  so  lent,  paid  or  delivered,  if 
any,  was  derived;  and  the  purpose  of  the  said  pretended 
mortgage  of  chattels,  and  all  the  facts  and  circumstances  at- 
tending the  same: 

And  that  the  said  pretended  mortgage  of  real  estate  arxl 
pretended  mortgage  of  chattels,  and  the  said  deeds  witnessing 
the  same,  may  be  set  aside,  annulled,  and  declared  void: 

And  that  the  said  defendants  and  each  of  them  may  be  re- 
strained from  selling-,  transferring,  encumbering,  or  in  any 
manner  disposing  of  the  said  property  mentioned  in  the  said 
pretended  deed  of  mortgage  and  pretended  deed  of  chattel- 


506  FORMS    ADAPTED   TO   CIVIL   CASES. 

mortgage,  or  any  part  thereof,  or  any  property,  effects  or 

things  in  action  belonging  to  the  said  C L ,  or  in  which 

he  is  in  any  wise  interested: 

And  that  the  said  C—  -  L may  be  restrained  from  re- 
ceiving, discharging,  encumbering,  or  in  any  manner  inter- 
meddling with  any  debts  owing  to  him,  or  any  claims  or  things 
in  action,  whether  held  by  him  or  some  other  person  or  per- 
sons in  trust  for  his  use  or  benefit;  and  also  from  confessing 
judgment,  or  doing  any  other  act,  for  the  purpose  of  giving 
preference  to  any  other  creditor  or  creditors  over  the  said 
United  States,  or  enabling  such  creditor  or  creditors  to  obtain 
his  property,  or  any  part  of  the  same : 

And  that  the  said  C L may  be  required,  by  the 

decree  of  this  honorable  court,  to  pay  to  the  said  United  States 
the  amount  so  due  to  them  for  their  damages  and  costs  afore- 
said, and  interest  thereon,  together  with  their  costs  and 
charges  in  this  behalf;  and  to  apply  to  such  payment  any 
money,  property,  effects  and  things  in  action  belonging  to 
him,  or  held  in  trust  for  his  use  or  benefit,  or  in  which  he  is 
in  any  manner  beneficially  interested : 

And  that  the  said  United  States  may  be  authorized  to  pro- 
ceed by  writ  of  fieri  facias  upon  the  judgment  aforesaid,  and 
to  cause  the  Marshal  of  the  said  district,  by  virtue  of  such 
writ,  to  take,  seize,  advertise  and  sell  the  lands,  goods  and 
chattels  above  described,  and  any  other  property  and  effects 

whatsoever  of  the  said  C L ,  not  exempt  by  law  from 

execution  and  sale,  for  the  purpose  of  making  the  damages 
and  costs  so  recovered  as  aforesaid,  with  interest  thereon : 

And  that  a  receiver  may  be  appointed  in  this  behalf,  with 
the  usual  powers  and  duties  of  a  receiver: 

And  that  the  said  United  States  may  have  such  other  and 
further  relief  in  the  premises  as  equity  may  require,  and  to 
your  honors  shall  seem  meet: — 

May  it  please  your  honors  to  grant  the  writ  of  sulpwna  in 
chancery,  directed  to  the  said  defendants,  commanding  them 
and  each  of  them  that  they  appear  before  your  honors,  at  the 
city  of  -  — ,  in  the  said  district,  on  the  first  Monday  of  - 
next,  to  answer  this  bill  of  complaint,  etc.  :— 

And  may  it  pleas  your  honors  also  to  grant  the  writ  of  in- 
junction in  this  behalf,  directed  to  the  said  defendants,  re- 


MISCELLANEOUS.  507 

straining  them  and  each  of  them,  their  agents  and  attorneys, 

as  herein  above  prayed.  S D , 

United-States  Attorney. 


Of  counsel. 

District   of  I ,  set. —  S D ,  Attorney    of  the 

United  States  of  America  for  the  District  of  I ,  makes 

oath  and  says,  that  he  has  read  the  foregoing  bill,  and  knows 
the  contents  thereof;  that  the  matters  in  the  said  bill  con- 
tained are  true  of  his  own  knowledge,  except  those  which  are 
therein  alleged  upon  his  belief,  or  information  and  belief;  and 
that  as  to  those  matters,  he  believes  them  to  be  true. 

S D . 

Sworn  and  subscribed  be- 
fore me  by  the  above-named 
S D ,  this day  of 

,  18—. 

Clerk. 


Replication  to  the  separate  answer  of  one  of  the  defendants 
to  the  foregoing  bill  in  chancery. 

No.  749. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF  I . 

The  United  States,  etc.   i 

f\~~" 
C L and  others.  j  In  <*ancery. 

The  replication  of  S—  -  D ,  Attorney  of  the  United 

States  of  America  for  this  district,  who  for  the  said  United 
States  in  this  behalf  prosecutes,  to  the  separate  answer  of 
C L ,  defendant : 

This  repliant,  who  prosecutes,  etc.,  saving  and  reserving  all 
and  all  manner  of  advantage  of  exception  to  the  manifold  in- 
sufficiencies of  the  said  answer,  for  replication  thereto,  for  the 
said  United  States,  saith,  that  he  will  aver  and  prove  the  said 
bill  to  be  true,  certain  and  sufficient  in  the  law  to  be  answered 


508  FORMS    ADAPTED    TO   CIVIL    CASKS. 

unto;  and  that  the  said  answer  of  the  said  C- L—  -  is  un- 
certain, untrue,  and  insufficient  to  be  replied  unto  by  this  re- 
pliant  ;  without  this,  that  any  other  matter  or  thing  whatsoever 
in  the  same  contained,  material  or  effectual  in  the  law  to  be 
replied  unto,  confessed  and  avoided,  traversed  or  denied,  is 
true:  All  which  matters  and  things  this  repliant,  for  the  said 
United  States,  is  and  will  be  ready  to  aver  and  prove,  as  this 
honorable  court  shall  direct ;  and  humbly  prays,  as  in  and  by 
his  said  bill  he  hath  already  prayed. 

S D , 

United-States  Attorney. 


Replication  to  answer  to  information  in  chancery  on  behalf 
of  the  United  States. 

JSTo.  750. 

The  replication  of  -  — ,  District  Attorney,  for  the 

United  States  of  America,  to  the  joint  and  several  answer  of 
-  and ,  defendants,  to  the  information  ex- 
hibited against  them  and  others  by  the  said  District  Attor- 
ney, on  behalf  of  the  said  United  States,  in  the  Circuit  Court 

of  the  said  United  States  for  the •  District  of  ,  — 

Division. 

This  repliant,  for  the  said  United  States,  saving  and  reserv- 
ing all  advantage  of  exception  to  the  said  answer,  for  replica- 
tion thereunto  says,  that  he  for  the  said  United  States  will 
aver  and  prove  his  said  information  to  be  true,  certain,  and 
sufficient  in  the  law  to  be  answered  unto,  and  that  the  said 
answer  is  uncertain,  untrue,  and  insufficient  to  be  replied  unto 
by  this  repliant:  Without  this,  that  any  other  matter  or  thing 
whatsoever  in  the  said  answer  contained,  material  or  effectual 
in  the  law  to  be  replied  unto,  confessed  and  avoided,  trav- 
ersed, or  denied,  is  true:  All  which  matters  and  things  this 
repliant,  for  the  said  United  States,  is  and  will  be  ready  to 
aver  and  prove,  as  this  honorable  court  shall  direct;  and  for 
the  said  United  States  he  prays  as  in  and  by  his  said  informa- 
tion he  has  already  prayed.  — , 

United-States  Attorney. 


MISCELLANEOUS.  509 

Chancery  subpoena. 

No.  751. 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 
To ,  Greeting : 

We  command  you  and  every  of  you,  that  you  appear  before 
our  judges  of  our  Circuit  Court  of  the  United  States  of  Amer- 
ica for  the  Northern  District  of ,  at ,  in  the  Northern 

Division  of  the  said  district,  on  the  first  Monday  in  the  month 

of next,  to  answer  the  information  of  our  Attorney  for 

the  district  aforesaid,  on  our  behalf,  this  day  filed  in  the 

Clerk's  office  of  the  said  court,  in  said  city  of ,  and  then 

and  there  to  receive  and  abide  by  such  judgment  and  decree 
as  shall  then  or  thereafter  be  made,  upon  pain  of  judgment 
being  pronounced  against  you  by  default. 

To  the  Marshal  of  the  Northern  District  of to  execute. 

Witness  the  Hon.  -  — ,  Chief  Justice  of  the 
Supreme  Court  of  the  United  States  of  Amer- 
ica, at  aforesaid,  this  —  -  day  of , 

(L.  S.)  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  ,  and  of  our  independence 

the vear.  ,  Clerk. 

*/ 

MEMORANDUM. 

The  above-named  defendants  are  notified,  that  unless  they 
and  each  of  them  shall  enter  their  appearance  in  the  Clerk's 

office  of  the  said  court,  at aforesaid,  on  or  before  the  day 

to  which  the  above  writ  is  returnable,  or  the  next  rule-day 
thereafter,  the  complainants'  information  will  be  taken  against 
them  as  confessed,  and  a  decree  entered  accordingly. 

,  Clerk. 


510  FOKMS    ADAPTED   TO   CIVIL   CASES. 


Entry  of  appearance  of  an  officer  of  the  United  States,  de- 
fendant in  a  chancery  suit,  by  a  United-States  Attorney, 
his  attorney. 

No.  752. 

IN  THE  CIRCUIT  COURT  OF  THE  UNITED  STATES  OF  AMERICA 
FOR  THE  DISTRICT  OF . 


W T.  B 

vs. 

H.    W.   Cannon,   Comptroller, 
etc.,  and  others. 


No. . 

In  chancery. 

The  appearance  of  the  de- 


fendant II.  W.  Cannon,  as  Comptroller  of  the  Currency  of  the 
United  States  of  America,  in  the  above-entitled  cause,  is 
hereby  entered,  by  his  solicitor. 

"O  Q      T^ 

United-States  Attorney. 


Answer  of  United-States  Marshal  to  a  bill  in  chancery  ex- 
hibited  against  him  concerning  matters  pertaining  to 

his  office. 

No.  753. 

The  answer  of  F H.  M ,  Marshal  of  the  United 

States  of  America  for  the  District  of  ,  defendant,  to  the 

bill  of  complaint  exhibited  against  him  by  W B.  W , 

complainant,  in  the  Circuit  Court  of  the  said  United  States 
for  the  district  aforesaid. 

This  respondent,  saving  all  benefit  of  exception,  etc.,  for 
answer  to  the  said  bill  of  complaint,  or  to  so  much  thereof  as 
he  is  advised  he  is  bound  to  answer  unto,  answering  says,  as 
follows,  to  wit: 

This  respondent  denies  that ,  as  in  the  said  bill  alleged. 

And  this  respondent  denies  that ,  as  in  the  said  bill  al- 
leged; and  denies  the  making  and  recording  of  any  deed  of 

conveyance ,  as  in  the  said  bill  alleged.  And  as  to  the 

allegation  of  the  said  bill  to  the  effect  that ,  thjs  respond- 
ent is  not  informed,  and  therefore  does  not  admit  the  said  al- 
legation in  that  behalf,  but  denies  the  same. 


MISCELLANEOUS.  511 

And  this  respondent  admits  -    — ;  but  as  to  where  the  said 
-,  and  whether ,  this  respondent  is  not  informed. 


And  this  respondent  admits  the  ,  substantially  as  in 

the  said  bill  set  forth ;  and  admits .  And  further  this 

respondent  admits ;  but  as  to  whether ,  this  respond- 
ent is  not  informed,  and  therefore  does  not  admit  the  allega- 
tion of  the  said  bill  in  that  behalf.  And  further  this  respondent 
says,  that . 

And  this  respondent  further  says,  that ;  the  due  giving 

of  which  notice  is  recited  in  the  order  of  court  directing , 

and  ought  to  have  been  well  known  to  the  said  complainant, 
or  his  counsel,  before  the  exhibiting  of  his  said  bill  of  com- 
plaint. 

As  to  the  allegation  of  the  said  bill  to  the  effect  that  this 

respondent  "  claims  "  that ,  this  respondent  says  that  he 

makes  no  such  "  claim  "  whatsoever. 

0 

And  as  to  any  matters  in  the  said  bill  contained,  proper  to 
be  answered,  and  not  hereinbefore  expressly  admitted  or 
denied,  this  respondent  denies  the  same:  And  now  having 
fully  answered,  he  prays  to  be  hence  dismissed  with  his  costs, 

etc.  F H.  M , 

United-States  Marshal, 
byj B.  L , 

Solicitor  for  defendant. 
J B.  L , 

United-States  Attorney, 

Of  counsel  for  defendant. 


Separate  answer  of  a  United-States  officer  to  a  bill  in  chan- 
cery, exhibited  against  him  and  others. 

No.  754. 

•The  separate  answer  of  H.  W.  Cannon,  Comptroller  of  the 
Currency  of  the  United  States  of  America,  to  the  bill  of  com- 
plaint exhibited  against  him  and  others,  defendants,  in  the 

Circuit  Court  of  the  said  United  States  for  the  District  of , 

by  W T.  B ,  complainant. 

This  respondent,  saving  all  benefit  of  exception,  etc.,  for 
answer  to  the  said  bill,  or  to  so  much  thereof  as  he  is  advised 


512  FORMS    ADAPTED    TO   CIVIL   CASES. 

he  is  bound  to  answer  unto,  answering  says,  that  he  has  no 
interest  in  this  suit,  except  by  reason  of  his  office  as  such 
Comptroller  of  the  Currency,  and  is  not  informed  concerning 
the  several  matters  in  the  said  bill  set  forth ;  and  therefore,  ad- 
mitting only  that  the  defendant  II W.  J was  appointed 

receiver  of  the National  Bank  of ,  and  has  continued 

to  be  and  act  as  such,  as  alleged  in  the  said  bill  of  complaint, 
this  respondent  denies  all  and  singular  the  remaining  allega- 
tions of  the  said  bill,  and  calls  for  strict  proof  of  the  same,  and 
asks  that  any  rights  or  interests  of  the  said  United  States 
which  may  be  involved  in  this  suit  may  be  fully  guarded  and 
protected  by  this  honorable  court:  And  now  having  fully  an- 
swered, this  respondent  prays  to  be  hence  dismissed,  with  his 

costs,  etc.  R S.  T , 

United-States  Attorney, 

R S.  T ,  Solicitor  for  respondent. 

Counsel. 


FORMS  AND  INSTRUCTIONS 

PERTAINING  TO  THE 

ACCOUNTS  AND  FEES 

OP 
UNITED-STATES  ATTORNEYS  AND  COMMISSIONERS. 


The  first  section  of  the  act  of  Congress  approved  February 
22d,  1875,  (1  Supp.  R  S.,  2d  Ed.,  65,)  entitled  «  An  act  regu- 
lating fees  and  costs  and  for  other  purposes,"  prescribing  the 
method  of  proving  and  presenting  to  the  Government  the  ac- 
counts of  clerks,  marshals,  district  attorneys  and  commission- 
ers, is  as  follows : — 

"J3e  it  enacted,  etc.,  That  before  any  bill  of  costs  shall  be 
taxed  by  any  judge  or  other  officer,  or  any  account  payable 
out  of  the  money  of  the  United  States  shall  be  allowed  by 
any  officer  of  the  Treasury,  in  favor  of  clerks,  marshals,  or 
district  attorneys,  the  party  claiming  such  account  shall  ren- 
der the  same,  with  the  vouchers  and  items  thereof,  to  a 
United  States  circuit  or  district  court,  and,  in  the  presence  of 
the  district  attorney  or  his  sworn  assistant,  whose  presence 
shall  be  noted  on  the  record,  prove  in  open  court,  to  the  sat- 
isfaction of  the  court,  by  his  own  oath  or  that  of  other  per- 
sons having  knowledge  of  the  facts,  to  be  attached  to  such 
account,  that  the  services  therein  charged  have  been  actually 
and  necessarily  performed  as  therein  stated;  and  that  the 
disbursements  charged  have  been  fully  paid  in  lawful  money ; 
and  the  court  shall  thereupon  cause  to  be  entered  of  record 
an  order  approving  or  disapproving  the  account,  as  may  be 
according  to  law,  and  just. 

"  United  States  commissioners  shall  forward  their  accounts, 
duly  verified  by  oath,  to  the  district  attorneys  of  their  re- 
spective districts,  by  whom  they  shall  be  submitted  for  ap- 
33 


51-t  ACCOUNTS   AND    FEES. 

proval  in  open  court,  and  the  court  shall  pass  upon  the  same 
in  the  manner  aforesaid. 

"Accounts  and  vouchers  of  clerks,  marshals,  and  district 
attorneys  shall  be  made  in  duplicate,  to  be  marked  respect- 
ively '  original '  and  '  duplicate.' 

"  And  it  shall  be  the  duty  of  the  clerk  to  forward  the  orig- 
inal accounts  and  vouchers  of  the  officers  above  specified, 
when  approved,  to  the  proper  accounting  officers  of  the  Treas- 
ury, and  to  retain  in  his  office  the  duplicates,  where  they  shall 
be  open  to  public  inspection  at  all  times. 

"Nothing  contained  in  this  act  shall  be  deemed  in  any  wise 
to  diminish  or  affect  the  right  of  revision  of  the  accounts  to 
which  this  act  applies  by  the  accounting  officers  of  the  Treas- 
ury, as  exercised  under  the  laws  now  in  force." 

CIRCULAR 

Instructions  to  United-States  district  attorneys,  clerks  of 
United-States  courts,  and  commissioners  of  the  United- 
States  circuit  courts  relative  to  their  accounts. 

1894-  TKEASURY  DEPARTMENT, 

Department  NaT  FlEST  AUDITOR'S  OFFICE, 

January  13,  189J^. 

1.  Hereafter  accounts  for  fees  earned  by  above-named  offi- 
cers are  to  be  rendered  quarterly  as  follows :  First  quarter, 
July  1  to  September  30;  second  quarter,  October  1  to  Decem- 
ber 31 ;  third  quarter,  January  1  to  March  31 ;  fourth  quarter, 
April  1  to  June  30;   or  half  yearly,  as  follows:  First  half 
year,  July  1  to  December  31;  second  half  year,  January  1  to 
June  30. 

2.  Each  account  should  contain  all  fees  earned  by  the  offi- 
cer rendering  the  same  during  the  quarter  or  half  year  cov- 
ered by  such  account. 

NOTE. —  The  above  rules  will  be  strictly  enforced  by  the  accounting  offi- 
cers. Accounts  of  officers  who  fail  to  comply  will  be  returned  to  them,  or 
held  in  the  office  of  the  First  Auditor  until  their  final  accounts  for  the 
quarter  or  half  year  shall  be  rendered. 

3.  In  order  to  secure  uniformity  in  the  papers  going  into 
the  files  of  the  Department,  the  Secretary  of  the  Treasury  has 
prescribed  that  accounts  shall  be  rendered  on  sheets  half-cap 
size  (8£  by  14  inches). 


ACCOUNTS   AND    FEES.  515 

In  making  up  an  account  only  one  side  or  page  of  each  sheet 
should  be  used,  the  pages  numbered,  the  date  when  each  serv- 
ice was  performed  given  on  left-hand  margin  of  page,  each 
item  of  service  definitely  stated,  the  items  of  charge  on  each 
page  footed,  and  the  footing  of  one  page  carried  forward  to 
the  next. 

NOTE. —  In  accounts  of  clerks  and  commissioners  each  page  should  contain 
fees  earned  in  one  case  only.  The  title  of  the  case  and  such  other  informa- 
tion regarding  the  said  case  as  lias  been  heretofore  prescribed  should  be  given 
at  the  top  of  the  page,  the  fees  earned  following  in  order.  The  pages  of  the 
account  should  follow  consecutively,  that  is,  in  order  of  time  as  the  several 
cases  were  disposed  of.  The  separate  pages  of  the  account  should  be  neatly 
fastened  together,  with  the  affidavit  of  the  officer  and  the  order  of  court 
approving  the  account  The  seal  of  the  court  must  be  affixed  to  the  certifi- 
cate to  the  copy  of  the  order  of  approval. 

4.  Where  the  same  person  is  clerk  of  a  circuit  and  district 
court  a  separate  account  should  be  rendered  for  services  in 
each  court. 

5.  Attention  is  called  to  the  following  provisions,  relative 
to  prosecutions  under  the  internal-revenue  laws,  which  are 
contained  in  the  sundry  civil  appropriation  act  for  the  fiscal 
year  ending  June  30,  1889,  approved  October  2,  1888,  and  re- 
enacted  in  sundry  civil  appropriation  act  for  each  fiscal  year 
subsequent  thereto: 

And  no  part  of  any  money  appropriated  by  this  act  shall  be  used  to  pay 
any  fees  to  United  States  commissioners,  marshals,  or  clerks  for  any  warrant 
issued  or  arrest  made,  or  other  fees  in  prosecutions  under  the  internal- 
revenue  laws,  unless  the  prosecution  has  been  commenced  upon  a  sworn 
complaint  setting  forth  the  facts  constituting  the  offense  and  alleging  them 
to  be  within  the  personal  knowledge  of  the  affiant,  or  upon  sworn  com- 
plaint by  a  collector  or  deputy  collector  of  internal  revenue  or  revenue 
agent,  setting  forth  the  facts  upon  information  and  belief,  and  approved 
either  before  or  after  such  arrest  by  a  circuit  or  district  judge  or  the  attor- 
ney of  the  United  States  in  the  district  where  the  offense  is  alleged  to  have 
been  committed  or  the  prosecution  is  by  indictment.  [See,  also,  Act  of 
Mar.  3,  1893 ;  27  U.  S.  Stat  at  L.  609.] 

You  will  observe  (1)  that  unless  the  complaint  is  made  by 
an  officer  of  the  internal  revenue  personal  knowledge  on  the 
part  of  the  affiant  of  the  acts  constituting  the  offense  13  a 
prerequisite  to  payment  from  the  above  appropriation ;  and 
(2)  that  the  approval  of  the  prosecution  by  the  district  attor- 
ney or  by  the  circuit  or  district  judge  is  also  a  prerequisite  to 
payment,  no  matter  by  whom  the  complaint  is  made. 


516  ACCOUNTS    AND   FEES. 

6.  The  attentiDn  of  attorneys  and  clerks  is  called  to  the  fol- 
lowing from  the  Eevised  Statutes  of  the  United  States: 

SEC.  877.  Witnesses  who  are  required  to  attend  any  term  of  a  circuit  or 
district  court  on  the  part  of  the  United  States  shall  be  subpoenaed  to  attend 
to  testify  generally  on  their  behalf,  and  not  to  depart  the  court  without 
leave  thereof  or  of  the  district  attorney ;  and  under  such  process  they  shall 
appear  before  the  grand  or  petit  jury,  or  both,  as  they  may  be  required  by 
the  court  or  district  attorney. 

SEC.  829  (paragraph  25).  *  *  *  To  save  unnecessary  expense,  it  shall 
be  the  duty  of  the  clerk  to  insert  the  names  of  as  many  witnesses  in  a  cause 
in  such  subpoena  as  convenience  in  serving  the  same  will  permit 

7.  Commissioners  will  be  allowed  a  fee  for  issuing  only  one 
subpoena  for  all  the  witnesses  in  each  case  unless  the  necessity 
for  more  than  one  subpoena  is  clearly  shown,  and  for  issuing 
only  one  writ  of  arrest  or  commitment  where  there  are  two 
or  more  defendants  in  a  case,  or  two  or  more  cases  against 
the  same  defendant.     No  fee  for  copy  of  process  will  be  al- 
lowed where  the  original  papers  are  sent  to  court.     No  fee 
for  testimony  will  be  allowed  when  not  required  by  rule  of 
court  or  State  statute. 

8.  The  attention  of  clerks  and  commissioners  is  called  to 
the  decisions  of  the  Supreme  Court  of  the  United  States  in  the 
following  cases : 

Only  25  cents  authorized  for  taking  the  acknowledgment  of  defendant 
and  sureties  to  a  bond  or  recognizance,  or  of  all  witnesses  held  in  a  case. 
Commissioners  are  not  entitled  to  docket  fees.  (United  States  v.  Ewing,  140 
U.  S.  Reports,  142.)  Clerks  not  entitled  to  docket  fee  where  no  indictment 
is  found.  (United  States  v.  Van  Duzee,  140  U.  S.  Reports,  169.)  Clerk  m>t 
entitled  to  charge  for  seals  to  copies  of  orders  to  pay  jurors,  witnesses,  or 
other  expenses  where  not  required  by  the  accounting  officers.  Clerk  en- 
titled to  fee  for  filing  account,  but  not  a  fee  for  filing  each  separate  voucher. 
(United  States  v.  Jones,  147  U.  S.  Reports,  672.)  Clerk  not  entitled  to  per 
diem  pay  for  services  in  selecting  juries  in  connection  with  jury  commis- 
sioner. Clerk  not  entitled  to  docket  fee  in  case  of  removal  of  a  prisoner  for 
trial  in  another  district  Clerk  not  entitled  to  fee  for  separate  order  to  pay 
each  juror  and  witness ;  nor  to  fee  for  separate  recognizance  of  each  wit- 
ness; nor  to  fee  for  entering  on  final  record  proceedings  before  a  commit- 
ting magistrate.  (United  States  v.  King,  147  U.  S.  Reports,  676.)  Clerk  not 
entitled  to  docket  fee  where  indictment  is  returned  "not  a  true  bill." 
(United  States  v.  McCandless,  147  U.  S.  Reports,  692.)  No  fee  authorized  for 
filing  orders  of  district  attorney  discharging  witnesses.  (United  States  v. 
Taylor,  147  U.  S.  Reports,  695.)  Per  diem  of  commissioner  for  hearing  be- 
fore warrant  was  issued  not  authorized.  (United  States  v.  Patterson,  150 
U.  S.  Reports,  65.) 


ACCOUNTS   AND   FEES.  517 

9.  Explanations  of  suspensions  should  be  sent  to  the  First 
Comptroller.     Give  the  number  of  the  report,  then  take  up 
and  answer  each  item  of  suspension  or  disallowance  in  regular 
order.    Explanations  of  suspensions  should  be  sworn  to.    Sus- 
pensions which  are  satisfactorily  explained  will  be  held  and 
allowed  in  the  next  quarterly  settlement  of  the  account. 

Clerks  and  commissioners  desiring  to  have  accounts  read- 
justed under  the  recent  decisions  of  the  Supreme  Court  above 
mentioned  should  present  their  claims  to  the  First  Comp- 
troller, calling  attention  to  the  number  of  the  report  and 
item,  to  which  an  affidavit  should  be  appended  stating  that  suit 
has  not  been  ^brought  to  recover  any  item  they  desire  to  re- 
claim. No  account  will  be  reopened  which  has  been  settled  by 
a  former  Comptroller. 

10.  Accounts  of  U.  S.  attorne}'s  and  clerks  of  U.  S.  courts 
for  services  in  civil  post-office  cases  must  be  forwarded  to  the 
Sixth  Auditor.     Accounts  of  attorneys  for  services  not  cov- 
ered by  salary  or  fees  should  be  sent  to  the  Attorney-General. 
All  accounts  approved  by  a  court  must  be  forwarded  by  the 
clerk  of  the  court  approving  the  account  and  not  by  the  claim- 
ant or  his  attorney.     This  duty  is  imposed  on  the  clerk  by 
the  act  of  February  22,  1875.     (18  Statutes  at  Large,  333.) 
[1  Supp.  K.  S.,  2d  Ed.,  65,  and  ante,  page  514.] 

Accounts  sent  to  the  First  Auditor  by  another  person  will 
be  returned  to  be  forwarded  by  the  clerk. 

E.  P.  BALDWIN, 

first  Auditor. 
R  B.  BOWLER, 

APPROVED:  first  Comptroller. 

J.  G.  CARLISLE, 

/Secretary. 

CIRCULAR 

DEPARTMENT  OF  JUSTICE, 
WASHINGTON,  D.  C.,  February  21,  1894. 
MR.  , , 

United-States  Attorney, 


SIR: 

The  First  Comptroller  of  the  Treasury  directs  ^attention  to 
a  charge  which  is  sometimes  made  by  a  district  attorney,  for 


518  ACCOUNTS   AND   FEES. 

per  diems  in  attendance  before  U.  S.  Commissioners,  when  the 
attendance  was  by  the  assistant  and  not  by  the  district  at- 
torney. 

You  will  show  affirmatively,  either  by  certificate  of  the 
clerk  of  the  court  for  attendance  charged  before  the  court,  or 
of  the  U.  S.  Commissioner  for  attendance  charged  before  him, 
that  said  attendance  was  either  by  assistant  or  attorney,  or 
both,  as  the  case  may  be ;  charge  for  an  assistant  will  not  be 
allowed. 

By  complying  with  the  request  of  the  First  Comptroller 
when  your  accounts  are  made  up  for  the  approval  of  the 
court,  you  will  avoid  disallowances  in  this  particular  matter. 
Yery  respectfully, 

RICHARD  OLNEY, 

Attorney  General. 


Regulations  prescribed  by  the  Accounting  Officers  of  the 
Treasury  Department. 

[See  Register  of  the  Department  of  Justice,  1SS6,  p.  S82.] 

Accounts  of  United  States  marshals,  attorneys,  clerks,  and 
commissioners,  after  proper  verification  and  approval,  must 
be  transmitted  to  the  First  Auditor  of  the  Treasury,  except  — 

1st.  Accounts  for  fees  earned  in  cases  for  breach  of  postal 
contracts  or  postmasters'  bonds,  which  must  go  to  the  Auditor 
of  the  Treasury  for  the  Post-Office  Department  [Sixth  Audi- 
tor]; and 

2d.  Accounts  for  fees  or  expenses  in  civil  customs  cases, 
which  must  be  rendered  separately  and  sent  to  the  First  Au- 
ditor; both  latter  classes  of  accounts  subject  to  verification 
and  approval  as  provided  by  act  of  February  22, 1875,  [1  Supp. 
E.  S.,  2d  Ed.,  65;  ante,  pp.  513,  514.] 

The  receipt  of  the  accounts  will  be  duly  acknowledged  by 
the  Auditor,  and  all  communications  relative  to  their  settle- 
ment should  be  addressed  to  the  First  Comptroller;  in  the 
case  of  accounts  for  fees  in  civil  customs  cases,  to  the  Com- 
missioner of  Customs;  and  in  postal  cases,  to  the  Auditor  for 
the  Post-Office  Department,  [Sixth  Auditor]. 


ACCOUNTS   AND   FEES.  519 

In  all  suits  on  bonds,  attorneys,  marshals,  and  clerks  will 
state  the  nature  of  the  bond  and  cause  of  action. 
************ 

When  accounts  are  verified  before  other  than  United  States 
officers  authorized  to  administer  oaths,  the  authority  of  said 
persons  to  administer  oaths  must  accompany  the  verification, 
unless  said  persons  are  authorized  by  State  law  to  use  a  seal, 
in  which  case  the  seal  should  be  attached.  The  accounts  of 
attorneys  and  marshals  should  be  sworn  to  before  clerks  of 
their  respective  courts;  and  in  the  case  of  commissioners 
where  it  is  impracticable  to  appear  before  a  United  States 
officer  for  this  purpose,  the  qualification  to  the  exception,  as 
above,  should  always  be  observed. 
************ 

Attorneys  will  charge  — 

1st.  The  travel  to  attend  the  sessions  of  the  court. 

2d.  The  per  diems  for  attendance,  giving  dates  of  each  day's 
attendance  claimed. 

3d.  The  attendance  and  travel  to  attend  examinations  be- 
fore United  States  Commissioners,  giving  name  of  commis- 
sioner, names  of  defendants,  nature  of  offenses  and  dates  of 
attendance. 

4th.  The  fees  claimed  for  court  trials,  first  in  the  circuit 
court,  following  with  those  in  the  district  court. 
************ 

In  charging  for  scire  facias  and  other  proceedings  on  re- 
cognizances, the  account  must  state  that  such  proceedings  were 
final. 

In  charging  for  depositions  taken,  the  account  must  state 
that  each  deposition  charged  for  was  admitted  in  evidence  in 
the  case. 

In  charging  the  extra  counsel  fee  for  conviction  before  a 
jury,  the  attorney  must  state  that  the  case  was  brought  on 
indictment.  The  law  relative  to  this  allowance  is  construed 
strictly,  and  the  extra  counsel  fee  is  not  allowed  where  the 
cases  are  brought  by  information. 
************ 

The  fees  [of  a  United-States  Commissioner]  in  any  one  case 
must  not  be  divided  between  two  accounts,  but  should  be  in- 


520  ACCOUNTS   AND    FEES. 

eluded  in  the  account  for  the  quarter  in  which  the  process  was 
returned  or  hearing  had. 

Where  a  preliminary  hearing  [before  a  United-States  Com- 
missioner] is  held  the  latter  part  of  a  quarter  or  fiscal  year 
and  the  final  examination  the  beginning  of  the  following  quar- 
ter or  fiscal  year,  all  the  fees  in  the  case  must  be  charged  .in 
the  account  for  the  quarter  or  half  year  in  which  the  final 
examination  is  held. 

•fr*********** 

Accounts  should  be  endorsed  as  follows : 

Statement  of  account 
of 

A B , 

United-States  Commissioner 
for 

district  of  , 

Post-Office  address 


No  charges  can  be  made  for  swearing  defendants'  witnesses 
or  issuing  subpoenas  for  them. 

On  the  termination  of  each  case  the  commissioner  will  tax 
upon  the  warrant  the  fees  of  marshal  or  deputy  serving  the 
process  in  the  case;  and  where  the  rules  of  court  require 
copies  of  process  to  be  returned  in  lieu  of  originals,  the  costs 
must  be  endorsed  on  the  copies. 

Where  a  commissioner  issues  process  to  be  returned  before 
some  other  commissioner,  the  statement  of  such  fact  must 
appear  in  the  account  wherein  the  fees  for  issuing  process  are 
charged;  and  the  commissioner  hearing  the  case  will  state 
the  name  of  the  person  who  issued  the  process. 

X  *•*#•*##*•*#••*•* 

A  witness  subpoenaed  in  several  cases  at  the  same  time  is 
entitled  to  but  one  mileage  for  travel,  and  for  attendance  to 
one  per  diem  each  day. 


Memoranda  of  decisions. 

« 

United-States  Attorneys  are  entitled  to  receive  from  the 
United  States,  under  Sec.  82-t,  R.  S.,  a  counsel  fee  to  be  fixed 
by  the  court,  not  exceeding  thirty  dollars,  on  a  trial  of  an  in- 


ACCOUNTS    AND   FEES.  521 

dictment  before  a  jury,  when  a  conviction  is  had:  U.  S.  v. 
Waters,  133  U.  S.  208;  Van  Hoorebeke  v.  U.  S.,  46  F.  E.  456; 
TuihiU  v.  U.  S.,  38  F.  K.  538.  A  docket  fee  of  twenty  dollars, 
though  the  jury  disagrees:  Van  Hoorebeke  v.  U.  S.,  supra. 
Per  diems  for  services  before  a  United-States  Commissioner 
upon  the  same  days  that  they  are  allowed  per  diems  for  at- 
tendance upon  the  court :  U.  S.  v.  Erwin,  147  TJ.  S.  685.  A 
per  diem  for  attendance  before  a  United-States  Commissioner 
before  the  arrest,  and  upon  adjournment:  Stanton  v.  U.  S.,  37 
F.  R.  252.  A  per  diem  for  attendance  before  a  United-States 
Commissioner  to  examine  a  poor  convict  applying  for  dis- 
charge, and  when  recognizances  are  taken,  though  no  wit- 
nesses are  examined :  Bird  v.  U.  S.,  45  F.  R.  110.  Where  the 
accused  is  bound  over  by  the  commissioner  to  the  district 
court,  and  the  commissioner's  record  is  sent  to  that  court  and 
docketed,  a  fee  is  recoverable  for  a  discontinuance,  although 
no  information  has  been  filed,  or  the  grand  jury  find  not  a 
true  bill :  Stanton  v.  U.  S.,  supra.  They  are  not  entitled  to 
receive  any  compensation  from  receivers  of  national  banks, 
when  appearing  for  such  receivers  as  district  attorneys:  Gib- 
son v.  Peters,  150  U.  S.  342.  They  are  entitled  to  fees  from 
the  United  States,  in  revenue  cases,  under  Sec.  833,  R.  S. :  In 
re  Account  of  District  Attorney,  23  F.  R.  26;  Stanton  v.  U.  S., 
supra. 

United-States  Commissioners  are  entitled  to  fees,  under 
Sec.  847,  R.  S.,  for  drawing  complaints:  U.  S.  v.  Ewing,  140 
U.  S.  142;  U.  S.  v.  McDermott,  Id.  151;  U.  8.  v.  Barber,  Id. 
164.  For  drawing  bail-bonds :  McKinstry  v.  U.  8.,  34  F.  R. 
211.  For  recognizances  of  witnesses :  U.  S.  v.  Barber,  supra. 
For  an  acknowledgment  to  a  recognizance:  U.  S.  v.  Ewing, 
supra;  U.  S.  v.  Hall,  147  U.  S.  691.  For  making  transcripts 
of  proceedings  when  originals  are  not  sent  up :  U.  S.  v.  Bar- 
ber, supra,  (see  ante,  page  516;  also  No.  55,  note  1,  ante); 
Hoyne  v.  U.  S.,  38  F.  R.  542;  Crawford  v.  U.  S.,  40  Id.  446. 
For  administering  oaths  and  for  each  jurat:  U.  S.  v.  McDer- 
rnott,  supra;  U.  S.  v.  Barber,  supra.  And  for  various  services 
when  acting  as  Chief  Supervisors  of  Elections :  *  U.  S.  v.  Mc- 

1  The  laws  on  this  subject  were  repealed  by  Act  of  Feb.  8,  1894. 


522  ACCOUNTS    AND    FEES. 

Dermott,  supra.  Also  a  per  diem  compensation  for  deciding 
upon  a  motion  for  bail  and  the  sufficiency  thereof,  and  decid- 
ing upon  a  motion  for  a  continuance  of  the  hearing  of  a 
criminal  charges  U.  S.  v.  Jones,  134  U.  S.  483. 


Account  of  a  United-States  Attorney,  showing  chargeable 
fees;  with  form  of  order  of  court  approving  the  ac- 
count, of  clerk's  certificate  to  copy  of  such  order,  of 
the  attorney's  oath  to  the  account,  and  of  clerk's  and 
commissioner's  certificates  of  his  attendance. 

Ko.  755. 

IN  THE COURT  OF  THE  UNITED  STATES  OF   AMERICA  FOR 

THE  DISTRICT  OF , DIVISION. 

Thursday ,  January  4th,  A.  D.  189-. 
Present  the  Honorable  P S.  G , Judge. 

In  the  Matter  of  the  Account 

ofT KM ,United- 

States  Attorney  for  this 

district,  for  compensation 

for  his  services  performed 

during  the  -  —  quarter 

of  the  fiscal  year  ending 

June  30th,  A.  D.  189-. 

Now  comes  T E.  M ,  Attorney  of  the  United  States 

of  America  for  this  district,  and  renders  to  the  court  his  ac- 
count, with  the  items  thereof,  for  compensation  for  his  serv- 
ices in  behalf  of  the  said  United  States,  on  their  business  in 
the  United-States  courts  for  this  district,  performed  during 
the  -  -  quarter  of  the  fiscal  year  ending  June  30th,  A.  D. 
189- ;  and,  in  the  presence  of  "W — : —  A.  M -,  his  sworn  as- 
sistant, proves  in  open  court,  to  the  satisfaction  of  the  court, 
by  his  own  oath  attached  to  the  said  account,  that  the  services 
therein  charged  have  been  actually  and  necessarily  performed 
as  therein  stated :  And  the  court  being  advised  tbat  on  each 
day  for  which  compensation  is  charged  in  the  said  account  for 
his  attendance  in  the  courts  of  the  United  States  on  the  busi- 


ACCOUNTS   AND   FEES.  523 

ness  of  the  United  States,  the  courts  were  open  for  business, 
or  business  was  actually  transacted  in  court,  [or  before  the 
United-States  grand  jury]  ;  and  it  appearing  to  the  court  that 
the  said  account  is  according  to  law  and  just;  and  the  court 
being  now  fully  advised  in  the  premises :  —  It  is  thereupon 
ordered  that  the  said  account  be,  and  the  same  is  hereby,  ap- 
proved as  the  same  is  rendered,  in  the  total  sum  of :  And 

the  court  hereby  specially  allows  and  approves  the  charge  of 
thirty  dollars  as  a  counsel  fee  in  certain  of  the  cases  mentioned 
in  the  said  account,  being  cases  of  indictment  against  the 
following  named  persons  respectively  for  crime,  each  of  which 
cases  was  tried  before  a  jury,  and  in  each  of  which  a  convic- 
tion was  had,  that  is  to  say, —  A C ,  P M.  B 

and  J J.  G , —  in  consideration  of  the  importance  and 

difficulty  of  those  causes  respectively. 

No.  756. 
District  of 


Division,       f  set.— I,  S W.  B ,  Clerk  of  the 

Court  of  the  United  States  of  America  for  the Dis- 
trict of ,  do  hereby  certify  that  the  foregoing  is  a  true 

and  correct  copy  of  an  order  made  and  entered  in  the  said 

court  on  the day  of ,  A.  D.  189-,  in  the  matter  of  the 

account  of  T E.  H ,  United -States  Attorney  for  the  said 

district,  for  compensation  for  his  services  performed  during 

the quarter  of  the  fiscal  year  ending  June  30th,  A.  D. 

189-,  as  the  same  appears  of  record  in  the  said  court;  and 
further,  it  is  certified  that  a  duplicate  of  the  account  in  the 
same  order  mentioned  has  been  filed  and  is  retained  in  my 
office. 

In  witness  whereof,  I  have  hereunto  set  my  hand 

and  the  seal  of  the  said  court,  at ,  in  the 

said  district,  this day  of ,  A.  D.  189-, 

and  in  the year  of  the  independence  of 

the  said  United  States. ,  Clerk. 


524  ACCOUNTS    AND    FEES. 

No.  757. 
THE  UNITED  STATES  OF  AMERICA 

in  account  with  T—   -  E.  M , 

United-States  Attorney  for  the District  of , 

Dr. 

(Compensation,  under  Sec.  824,  R  S.,  for  services  performed  during 

the quarter  of  the  fiscal  year  ending  June  30th,  A.  D.  189-.) 

1st  To  compensation  for  traveling  from  C ,  the  place  of  his  abode, 

to  P ,  in  the Division  of  his  district,  the  place  of  hold- 
ing the Term,  189-,  of  the  United-States Court  for  that 

division, —  157  miles,  at  ten  cents  a  mile  for  going  and  ten  cents 

a  mile  for  returning 

2d.   To  compensation  for  his  necessary  attendance  in  the  United-States 

Circuit  Court  for  the  said  district,  held  at  C ,  in  the 

Division  thereof,  the  place  of  his  abode,  on  the  business  of  the 
United  States,  on  the  following  days:  — 

A.  D.  189- : 

October  1st,  3d  and  3d ; 
November  4th,  5th  and  6th ; 
December  7th,  8th  and  9th ; 

12  days,  at  $5.00  per  diem 

To  compensation  for  his  necessary  attendance  in  the  United-States 

District  Court  for  the  said  district,  held  at  C ,  etc.  [as  for 

Circuit  Court  above]. 
To  compensation  for  his  necessary  attendance  in  the  United-States 

District  Court  for  the  said  district,  held  at  P ,  in  the 

Division  thereof,  the  same  not  being  the  place  of  his  abode,  on 

each  day  of  the Term,  189-,  of  the  said  court,  as  follows :  — 

A.  D.  189-: 
October  13th,  14th  and  15th ; 

3  days,  at  $5.00  per  diem 

8d  To  compensation  for  time  necessarily  employed  by  him  in  the 

examination,   before   United-States   Commissioner  P A. 

H ,  at  C ,  in  the  said  district,  of  persons  charged  with 

crime,  as  follows :  — 

A.  D.  189- : 
October— 

1,  George  D.  Graham  et  al,  Viol.  Sec.  5457,  R  a ; 

2,  Gregor  Buban,  "        "    3242,     " 

3,  Martin  Oramus,  "        "    5463,     " 
November — 

1,  W.  A.  Pratt,  "        "    8082,     " 

December — 

1,  Louis  Hanson,  "        "    3893,     " 

5  days,  at  $5.00  per  diem 

To  compensation  for  time  necessarily  employed  by  him  in  the  ex- 
amination, before  United-States  Commissioner  R H.  L , 

at  P ,  in  the  said  district,  of  persons  charged,  etc.  [as  above]. 

Forward,     


ACCOUNTS   AND    FEES.  525 

Forward,    

To  compensation  for  traveling  from  C to  P ,  the  place  of 

holding  the  examination,  on  ,   189-,  of  one  M S , 

charged  with  crime  against  the  United  States,  before  United- 
States  Commissioner  L , —  157  miles,  at  ten  cents  a  mile  for 

going  and  ten  cents  a  mile  for  returning 

4th.  To  compensation  for  his  services  in  certain  civil  cases  in  the 

United  States  Circuit  Court  at  C ,  in  the Division  of 

the  said  district,  wherein  the  United  States  were  a  party  [or, 
in  accounts  under  Sec.  299,  R.  S.,  wherein  the  United  States 
was  interested,  but  was  not  a  party  to  the  record,]  as  follows : — 
(For  method  of  stating  services,  see  next  below.) 
To  compensation  for  his  services  in  certain  civil  cases  in  the 

United  States  District  Court  at  C ,  in  the Division  of  the 

said  district,  wherein,  etc.  [as  above],  as  follows : — 

Gen.  No.  7815;  United  States  vs.  George  T.  B et  al. ; 

Action  of  debt  on  internal-revenue  transportation  bond 
dated  January  24,  189-,  for  exportation  of  twenty  pack- 
ages of  alcohol ; 

Trial  by  court;  judgment,  December  13,  189-,  for  plaintiffs, 
for  $1,500 ; 

Docket  fee,  case  at  law,  judgment  without  a  jury 10  00 

Gen.  No.  7850 ;  United  States  vs.  Screw-steamer  Mariel ; 
Libel  of  information,  on  Sees.  4465-4499,  R  S.,  to  recover 
penalty  for  carrying  passengers  when  not  allowed  to  do 
so  by  certificate  of  inspection ; 

Hearing  December  15,  189- ;  decree  in  favor  of  plaintiffs 
for  $500 ; 

Docket  fee,  final  hearing  in  admiralty,  libelant  recov- 
ers more  than  $50 20  00 

Gen.  No.  8625 ;  United  States  vs.  John  Kimball ; 

Action  of  debt  to  recover  penalties  for  violations  of  Sec. 

4521,  R  S.,  in  shipping  seamen  without  articles ; 
Dismissed  December  30,  189- ; 

Docket  fee.  case  at  law,  cause  discontinued 5  00 

To  compensation  for  his  services  in  certain  criminal  cases  in  the 

United  States Court  at  C ,  in  the Division  of  the 

said  district,  as  follows : — 

1901,  Jas.  F.  Quinn ;  Indictment  Sec.  3893,  R  S. ; 
Nolle  pros.  December  16,  189- ; 

Docket  fee 5  00 

2037,  Henry  Meinhardt;  Indictment  Sea  5480,  R  S. ; 
Plea  guilty;  sentence  November  15,  189- ; 

Docket  fee 10  00 

2048,  John  Collins ;  Indictment  Sec.  5457,  R  S. ; 
Jury  trial,  verdict  guilty,  November  9,  189-; 

Docket  fee 20  00 

Counsel  fee  allowed  by  the  court 30  00 

Forward,    


526  ACCOUNTS  AND   FEES. 

Forward, 

To  compensation  for  his  services  in  certain  criminal  cases  in  the 

United  States  Court  at  P ,  in  the Division  of  the 

said  district,  as  follows : —  [as  next  above.] 

To  compensation  for  his  services  in  certain  final  scire  facias  pro- 
ceedings on  recognizances,  in  the  United  States Court,  at 

C ,  in  the Division  of  the  said  district,  as  follows : — 

1829 ;  Cyrille  Doray  et  al. ; 

Default  and  order  for  scire  facias  November  2, 189- ; 
Conditional  judgment  made  absolute  December  20,  189- ; 
Docket  fee..  5  00 


Total  $ 

RECAPITULATION. 

1st  Travelling  to  P and  return,  one  trip,  to  attend  a  session  of 

the  U.  S. Court 

2d.  Per  diems  U.  S.  Circuit  Court,  at  C 

Per  diems  U.  S.  District  Court,  at  C 

Per  diems  U.  S.  District  Court,  at  P 

8d.  Per  diems  for  attendance  before  U.  S.  Comm'r  H 

Per  diems  for  attendance  before  U.  S.  Comm'r  L 

Travelling  to  P and  return,  one  trip,  to  attend  examination 

before  U.  S.  Comm'r  L 

4th.  Fees  for  court  trials,  as  follows : — 

Civil  cases,  U.  S.  Circuit  Court,  at  C 

Civil  cases,  U.  S.  District  Court,  at  C 

Criminal  cases,  U.  S.  District  Court,  at  C 

Criminal  cases,  U.  S.  District  Court,  at  P 

Final  sci.  fa.  proceedings,  U.  S.  District  Court,  at  C 


Total , 

No.  758. 


District  of 


)   set. — 


Division,          )   set. —  T E.  M makes  oath 

and  says,  that  the  foregoing  account  for  compensation  for  his 
services  in  behalf  of  the  United  States  of  America  is  according 
to  law  and  just;  and  that  the  services  therein  charged  have 
been  actually  and  necessarily  performed  as  therein  stated. 

T E.  M . 

Sworn  and  subscribed  by  the 

above  named  T E.  M 

before  me  this  day  of 

,  A.  D.  189-. 


ACCOUNTS    AND   FEES.  527 

No.  759. 

District  of ,  } 

Division,        J  set.—  I,  S W.  B ,  Clerk  of  the 


Court  of  the  United  States  of  America  for  the  Dis- 
trict of ,  do  hereby  certify,  that  on  the  several  days  men- 
tioned in  the  foregoing  account  as  being  days  upon  which 

T E.  M ,  United-States  Attorney  for  the  said  district, 

was  in  attendance  upon  the  said Court,  that  court  [or 

the  grand  jury  thereof]  was  in  session,  ancl  the  said  T E- 

M was  in  fact  personally  in  attendance  upon  the  said 

court  [or  the  grand  jury  thereof],  on  the  business  of  the  said 
United  States ;  as  fully  appears  from  the  records  of  the  said 
court. 

In  witness  whereof,  I  have  hereunto  set  my  hand 

and  the  seal  of  the  said  court,  at  C ,  in  the 

said  district,  this day  of ,  A.  D.  189-, 

and  in  the year  of  the  independence  of 

the  said  United  States. 

S--W.  B , 

Clerk. 

No.  760. 

BEFORE  P A.  H ,  A  COMMISSIONER  OF  THE  CIRCUIT  COURT 

OF  THE  UNITED  STATES  OF  AMERICA  FOR  THE DISTRICT 

OF . 

-  District  of , } 

Division,        j  set. —  I,  P A.  H ,  a  Commis- 


sioner of  the  Circuit  Court  of  the  United  States  of  America 

for  the District  of ,  do  hereby  certify,  that  on  the 

several  days  mentioned  in  the  foregoing  account  as  being 

days  upon  which  T E.  M ,  United-States  Attorney  for 

the  said  district,  was  in  attendance  before  me,  he  was  in  fact 
personally  in  attendance  before  me,  in  the  examination  of 
persons  charged  with  crime  against  the  said  United  States,  or 
otherwise  on  the  business  of  the  said  United  States. 
"  In  witness  whereof,  I  hereunto  set  my  hand,  at  the  city  of 

C ,  in  the  said  District  of  — — ,  this  day  of  , 

A.  D.  1894.  P A.  H , 

United-States  Commissioner. 


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ACCOUNTS    AND    FEES.  529 

Account  of  a  United-States  Commissioner  showing  charge- 
able fees ;  with  forms  of  order  of  court  approving  the 
account,  of  clerk's  certificate  to  copy  of  such  order,  ot 
the  commissioner's  oath  to  the  account,  and  of  the 
United-States  Attorney's  certificate  of  approval  of  in- 
ternal-revenue prosecutions,  and  the  importance  and 
materiality  of  witnesses  in  such  prosecutions. 

No.  762. 

IN  THE COURT  OF  THE  UNITED  STATES  OF  AMERICA  FOR 

THE DISTRICT  OF  ,  DIVISION. 

Wednesday,  January  1st,  A.  D.  189-. 
Present  the  Honorable  "W H.  S , Judge. 

In  the  Matter  of  the  Account 
of  E H.  L ,  Com- 
missioner of  the  Circuit 
Court  of  the  United  States 
for  this  District,  for  com- 
pensation for  his  services 

perform  edduringthe 

quarter  of  the  fiscal  year 
ending  June  30th,  A.  D. 
189-. 

Now  comes  E H.  L ,  Commissioner  of  the  Circuit 

Court  of  the  United  States  of  America  for  this  district,  and 
renders  to  the  court  his  account,  with  the  items  thereof,  for 
compensation  for  his  services  in  behalf  of  the  said  United 
States,  on  their  business  in  this  district,  performed  during  the 
-  quarter  of  the  fiscal  year  ending  June  30th,  A.  D.  189- ; 
and,  in  the  presence  of  G H.  H ,  Assistant  United- 
States  Attorney  for  this  district,  proves  in  open  court,  to  the 
satisfaction  of  the  court,  by  his  own  oath  attached  to  the  said 
account,  that  the  services  therein  charged  have  been  actually 
and  necessarily  performed  as  therein  stated,  and  it  appearing 
to  the  court  that  the  said  account  is  according  to  law  and  just, 
and  the  court  being  now  fully  advised  in  the  premises:  It  is 
34 


530  ACCOUNTS   AND    FEES. 

thereupon  ordered  that  the  said  account  be,  and  the  same  is 
hereby,  approved  as  the  same  is  rendered,  in  the  total  sum  of 
dollars  and cents. 

No.  7C3. 

[Or, —  Now  comes    T E.    M ,   Attorney   of   the 

United  States  of  America  for  the  District  of ,  and 

submits  for  approval  in  open  court  the  account  of  R II. 

L ,  Commissioner  of  the  Circuit  Court  of  the  said  United 

States  for  this  district,  duly  verified  by  the  oath  of  the  said 

R—  -  II.  L ,  for  compensation  for  his  services  in  behalf 

of  the  said  United  States,  on  their  business  in  this  district, 

performed  during  the quarter  of  the  fiscal  year  ending 

June  30th,  A.  D.  189-,  and  it  appearing  to  the  court  that  the 
services  therein  charged  have  been  actually  and  necessarily 
performed  as  therein  stated,  and  that  the  said  account  is  ac- 
cording to  law  and  just,  and  the  court  being  now  fully  ad- 
vised in  the  premises:  It  is  thereupon  ordered  that  the  said 
account  be,  and  the  same  is  hereby,  approved  as  the  same  is 
rendered,  in  the  total  sum  of  -  — .]  l 

No.  764. 

-  District  of  ,  j 

-Division,         f  set.—  I,  W B.  W ,  Clerk  of 

the  Court   of  the   United   States  of  America  for  the 

District  of ,  do  hereby  certify  that  the  foregoing  is 

a  true  and  correct  copy  of  an  order  made  and  entered  in  the 

said  court  on  the day  of ,  A.  D.  189-,  in  the  matter 

of  the  account  of  R H.  L ,  Commissioner  of  the  Cir- 
cuit Court  of  the  said  United  States  for  the  said  district,  for 
compensation  for  his  services  performed  during  the quar- 
ter of  the  fiscal  year  ending  June  30th,  A.  D.  189-,  as  the 
same  appears  of  record  in  the  said  court. 

In  witness  whereof,  I  have  hereunto  set  my  hand 
and  the  seal  of  the  said  court,  at  -  — ,  in  the 

said  district,  this day  of ,  A.  D.  189-, 

and  in  the year  of  the  independence  of 

the  said  United  States.  — ,  Clerk. 

1  This  form  may  be  ust-d,  with  the  caption  ia  the  next  preceding  form,  in 
case  the  commissioner  forwards  his  account  to  the  district  attorney,  and 
does  not  attend  himself.  See  page  513,  ante. 


ACCOUNTS   AND   FEES. 


STo.  765. 


531 


THE  UNITED  STATES  or  AMERICA, 

in  account  with  Robert  II.  Lovett,  Commissioner,  of  the 
Circuit  Court  of  the  United  States  for  the District 

of-' 

To  compensation  for  his  services  as  such  commissioner,  from 

,  189-,  to ,  189-,  in  the  following  cases,  as  itemized 

in  the  separate  bill  for  each  of  those  cases  respectively  which 
is  hereto  attached,  that  is  to  say :  — 


No 

No 

,  The  United  States  vs  ,  

No. 

,  The  United  States  vs  

Total  

532 


ACCOUNTS    AND    FEES. 


UNITED  STATES, 


No.  766. 


to  R- 


COMMISSIONER'S  BILL. 


U.  S.  Commissioner  for  the 


District  of 


-,Dr. 


United  States 
vs. 


Complaint  made  by 


Offense  charged :  Yio.  Sec R.  S 

Offense  committed  at 

On  or  about  the  ....  day  of. 189-. 

Residence  of  accused : 

Disposition  of  case : 

AMOUNT 

18B-.  BROUGHT 

FORWARD. 

Drawing  Complaint folios,  @  20c.;  oath,  lOc.;  jurat, 

15c. ;  filing,  lOc 

Issuing  warrant  of  arrest,  $1:  entering  return,  15c.;  filing, 
lOc 

Issuing  subpoena  for 17.  S.  witnesses,  25c. ;  enter- 
tog  return,  15c. ;  filing,  lOc. .  

Warrant  committing  defendant  for  examination,  $1;  en- 
tering return,  15c. ;  filing,  lOc 

Making  copy  for  jailer f oL  @  lOc ;  certificate,  15c. 

Drawing  recognizance  of  defendant  to  appear  for  exam- 
ination. 3roL  45c.;  filing,  lOc 

Taking  acknowledgment  of  recognizance  by  defendant 
and sureties,  25c 

Drafting  justification  of  sureties fols.,  @  15c.; 

jurat,  1 5c 

Oath  to sureties  to  justification,  lOc.  each 

Swearing U.  S.  witnesses  on  examination, 

lOc.  each 

Hearing  and  deciding  on  criminal  charge; day  , 

Drawing  recognizance  of  defendant  to  court 3  folios, 

45c.;  filing,  lOc. 

Taking  acknowledgment  of  recognizance  by  defendant 
and sureties,  25c. 

Drafting  justification  of  sureties  foL,  @  loc.; 

Jurat,  15c.;  filing,  lOc 

Oaths  to  sureties  to  justification,  lOc.  each 

Taking  acknowledgment  of  recognizance  by wit- 
nesses and sureties,  25c 

Warrant  committing  defendant  for  trial,  $1 ;  entering  re- 
turn, 15c.;  filing,  lOc 

Making  copy  for  jailer foL  @  lOc ; 

certificate,  15c 

Oaths  to U.  S.  witnesses  as  to  attendance  and 

travel,  lOc.  each .  

Order  (to  duplicate)  for  marshal  to  pay  U.  S.  -witnesses 
folios,  @15c 

Discharge  of  a  poor  convict  (Sec.  1042  of  R.  8.) 

Transcript  of  proceedings  sent  up  on  order  of  court. 

folios,  @  15c 

Total 

Amount  carried  forward 

IN  ABOVE  CASE.  SURETIES  OF  DEFENDANTS  IN  ABOVE 

NAXE.  RESIDENCE.  NAVK.  RESIDENCE. 


Page 


District  of 


ACCOUNTS    AND    FEES.  533 

No.  767. 


Division,          f  set. —  K H.  L makes  oath 

and  says,  that  the  foregoing  account  for  compensation  for  his 
services  in  behalf  of  the  United  States  of  America  is  according 
to  law  and  just;  that  the  services  therein  charged  have  been 
actually  and  necessarily  performed  as  therein  stated;  and 
that  no  part  of  such  compensation  has  been  received  by  him. 


bworn   and    subscnb 

ed   by 

R" 

rlf*  v 

of          -    A    T)    mo 

No.  768. 
District  of 


Division,  f  set. —  I,  T E.  M ,  Attorney 

of  the  United  States  of  America  for  the District  of , 

do  hereby  certify1  that  the  cases  designated  in  the  foregoing 

account  of  R H.  L ,  Commissioner  of  the  Circuit  Court 

of  the  said  United  States  for  the  said  district,  as  Nos. , 

and ,  being  prosecutions  under  the  internal-revenue 

laws  of  the  said  United  States,  each  of  which  was  commenced 
upon  a  sworn  complaint  setting  forth  the  facts  constituting 
the  offense  and  alleging  them  to  be  within  the  personal  knowl- 
edge of  the  affiant,  [or,  upon  a  sworn  complaint  of  a  deputy 
collector  of  internal  revenue,  setting  forth  the  facts  upon  in- 
formation and  belief,]  and  being  prosecutions  for  offenses  al- 
leged to  have  been  committed  in  the  district  aforesaid,  were 
respectively  commenced  with  my  approval,  and  are  hereby 
approved  by  me :  And  further,  it  is  certified 2  that  the  witnesses, 
in  the  examinations  before  the  said  commissioner  in  the  said 
district  of  the  criminal  cases  designated  in  the  foregoing  ac- 
count as  Nos.  ,  and  ,  were  material  and  im- 
portant witnesses  in  those  cases  respectively,  and  their  attend- 
ance was  and  is  approved  by  me. , 

United-States  Attorney  for  the 

District  of . 

1  See  27  U.  S.  Stat  at  L,  609.  See  ante,  page  515. 
'See  Sec.  981,  R  S. 


INDEX. 


[Forms  of  the  beginning  and  conclusion  of  an  indictment  will  be  found  on  pages  3  to  19; 
of  an  information,  on  pages  7  and  8;  and  of  complaints,  on  pages  20  to  40.  The  rest  of  the 
forms  pertaining  to  criminal  cases,  from  pages  41  to  347,  omit  the  beginning  and  conclusion, 
and  simply  charge  the  several  offenses  against  the  laws  of  the  United  States;  and  such  as 
are  for  indictments  may  be  used  for  informations  or  complaints.] 

ACCOUNT, 

copy  of,  in  action  of  debt,  Nos.  707,  711. 
ACCOUNTS  AND  FEES, 

forms  and  instructions  pertaining  to,  of  United-States  Attorneys  and 

Commissioners,  Nos.  7S5-768 ;  pages  513-533. 
ACKNOWLEDGMENT, 

of  recognizance,  before  United  States  Clerk,  No.  13. 

Commissioner,  Nos.  40,  43. 
of  stipulation  for  costs,  in  admiralty,  No.  633. 
of  execution  of  deed  of  trust,  No.  709. 
ACTIONS,  (see  DECLARATION  ;  INFORMATION.) 
ACTS  OF  CONGRESS,  (see  REVISED  STATUTES.) 
ADDITION, 

of  defendant's  residence,  No.  6,  note  6. 
ADMIRALTY  AND  NAVIGATION  LAWS, 
proceedings  under, 

libel  of  information  against  a  steam-vessel  whose  owners  have  car- 
ried passengers  when  not  allowed  to  do  so  by  the  certificate  of 
inspection,  No.  630. 
attachment  and  monition,  No.  631. 
claimant's  stipulation  for  costs,  No.  633. 

libel,  on  behalf  of  the  United  States,  against  a  vessel,  for  damages 

caused  by  collision  of  the  vessel  with  a  breakwater-crib,  No.  633. 

declaration  in  debt,  against  the  master  of  a  steam-vessel,  to  recover 

penalty  for  taking  on  board  a  greater  number  of  passengers  than 

was  stated  in  the  certificate  of  inspection,  No.  634 

information  on  seizure  of  a  vessel  for  violation  of  the  navigation 

laws  in  not  carrying  the  proper  light,  No.  635. 

information  on  seizure  of  a  vessel  to  recover  a  penalty  incurred  by 
her  master,  in  not  surrendering  her  license  at  its  expiration,  No. 
636. 

information  on  seizure  of  a  vessel  to  recover  penalties  for  navigat- 
ing without  having  hull  and  boiler  inspected,  and  with  unlicensed 
master,  engineer  and  pilot,  No.  637. 


530  INDEX. 

ADMIRALTY  AND  NAVIGATION  LAWS  —  cont inu&L 
proceedings  under  —  continued. 

information  on  seizure  of  a  vessel  to  recover  penalties  for  navigat- 
ing with  unlicensed  engineer,  and  without  the  proper  number 
of  life-preservers,  and  for  engaging  in  an  excursion  without  a 
special  permit,  No.  638. 

information  on  seizure  of  a  vessel  to  recover  penalties  for  violations 
of  navigation  laws,  in  the  master's  carrying  more  passengers 
than  allowed  by  the  certificate,  and  failing  to  keep  a  list  of  pas- 
sengers, No.  639. 
ADMIRALTY  RULES, 

No.  9,  see  form  Nos.  631,  642,  643,  650. 

22.  see  form  Nos.  630,  note  3,  655,  note  1. 

26,  see  form  No.  632. 

27,  see  form  No.  672,  note  a 
AFFIDAVIT, 

for  search-warrant,  before  United-States  Commissioner,  Nos.  45,  47. 

of  service  of  notice  of  motion,  No.  730. 

on  motion  for  further  security  for  costs,  No.  732. 

of  District  Attorney,  to  truth  of  matters  in  bill  in  chancery,  No.  748. 

his  account,  No.  758. 
of  United-States  Commissioner  to  his  account,  No.  767. 

AGREEMENT, 

fixing  value,  see  CONSENT  FIXING  VALUE  ;  STIPULATION. 
for  appraising  property  seized,  No.  669. 

AIDING  AND  ABETTING, 

unknown  person  in  removing  distilled  spirits,  on  which  the  tax  has  not 
been  paid,  from  a  distillery  to  a  place  other  than  the  distillery  ware- 
house, No.  142. 
one  in  producing  and  disposing  of  distilled  spirits  without  paying  the 

tax,  No.  146. 
one  in  forging  writings  for  the  purpose  of  defrauding  the  United 

States,  No.  432. 

one  in  forging  documents  required  by  the  provisions  of  the  internal- 
revenue  laws,  Nos.  434,  613 
ALIAS  DICTUS, 

in  an  indictment  No.  1. 
in  a  complaint,  No.  29. 
AMOUNT, 

alleged  need  not  be  proven,  No.  6,  note  13. 
ANNO  DOMINI, 

indicating,  by  initials.  No.  6,  note  1. 
ANSWER, 

to  information  on  seizure,  by  claimant,  No.  672. 
to  bill  in  chancery,  replication  to,  No.  749. 
to  information  in  chancery,  replication  to,  No.  750. 
of  United-States  Marshal  to  bill  in  chancery,  No.  753. 

Comptroller  of  the  Currency  to  bill  in  chancery  against 
him,  No.  754. 


INDEX.  537 

APPEARANCE, 

entry  of,  by  attorney,  Nos.  661,  691,  752. 
APPLICATION, 

for  discharge  of  poor  convict,  see  POOR  CONVICT. 
APPRAISEMENT, 

consent  fixing  value  without,  No.  659. 

of  property  seized,  agreement  for,  No.  669. 

No.  670. 
ARREST  OF  JUDGMENT, 

order  overruling  motion  in,  No.  700. 
ASSAULT, 

committing,  in  violating  civil-rights  laws,  No.  154 

by  officer  of  an  American  vessel  on  one  of  the  crew,  Nos.  221  (1),  221  (2). 

on  post-office  letter-carrier,  No.  264. 

by  merchant  seaman,  on  master  of  vessel,  Nos.  479, 480. 

upon  internal-revenue  officer  making  searches,  No.  495. 

ASSIGNMENT  OF  ERRORS, 

in  statement  of  dissatisfaction,  on  appeal  to  circuit  court  from  board  of 
general  appraisers,  No.  654. 

ASSISTANT  UNITED-STATES  ATTORNEY, 

pleadings  in  name  of,  No.  690. 
ATTACHMENT  AND  MONITION, 

in  admiralty,  No.  631. 

on  seizure  under  customs  laws,  Nos.  642,  650. 

internal-revenue  laws,  No.  667. 
ATTESTATION, 

of  judge's  signature,  by  clerk,  No.  19. 

ATTORNEY,  (see  DISTRICT  ATTORNEY  ;  PENSION-ATTORNEY.) 
pleas  by,  in  criminal  cases,  Nos.  11,  12. 

civil  cases,  Nos.  656,  659,  661-663,  669,  672,  683,  692,  701,  708, 

716,  718,  730,  733,  740. 
entry  of  appearance  by,  Nos.  661,  691. 

BAIL, 

order  for  fixing  of,  on  informations,  No.  22. 
justification  of,  of  person  indicted,  No.  24 

before  United-States  Commissioner,  No.  43. 
BAIL-BOND,  (see  RECOGNIZANCE.) 

on  error,  where  a  supersedeas  has  been  granted,  in  a  criminal  case, 

No.  25. 
perjury  in  affidavit  of  surety  to,  Nos.  214,  215. 

"BEING," 

whether  word  imports  a  direct  averment  or  a  recital,  No.  6,  note  7. 

BENCH-WARRANT, 
order  for,  No.  22. 
proecipe  for,  No.  23. 

BILL  OF  EXCEPTIONS, 

order  allowing  time  to  file,  No.  700. 
general  form  of,  No.  701. 


538  INDEX. 

BILL  OF  PARTICULARS, 

nature  and  uses  of,  No.  453,  note,  page  259. 

BOARD  OF  GENERAL  APPRAISERS,  (see  CUSTOMS  LAWS.) 

BOND,  (see  BAIL-BOND;  INTERNAL-REVENUE  LAWS;  RECOGNIZANCE.) 
customs,  on  delivery,  action  on,  Nos.  653. 
distillers'  warehousing,  action  on,  No.  680. 
cigar-manufacturers',  information  of  debt  on,  No.  685. 
distiller's,  information  of  debt  on,  No.  689. 
postmaster's,  action  of  debt  on,  Nca  695,  696 
consul's,  information  of  debt  on.  No,  703. 
assistant-quartermaster's,  information  of  debt  on,  No,  713. 
of  receiver  of  public  moneys,  information  of  debt  on,  No.  714. 
of  Indian  agent,  information  of  debt  on,  No.  715. 
for  value,  on  release  of  property  seized,  No.  741. 

BOND  FOR  COSTS, 

on  error,  in  criminal  case,  No.  26. 

on  delivery  of  property  seized,  order  of  court  approving,  No.  657. 

of  claimant  of  property  seized,  No.  668. 
BOND  ON  DELIVERY, 

of  property  seized  under  internal-revenue  laws,  order  of  court  approv- 
ing, No.  657. 

petition  of  claimant  for  delivery  of  property  on,  No.  663. 

for  value  of  property,  No.  671. 

BOOKS,  (see  INTERNAL-REVENUE  LAWS.) 
BREWER,  (see  INTERNAL-REVENUE  LAWS.) 
BURGLARY, 

of  post-office,  Nos.  426,  428-431. 
CERTAINTY, 

offenses  to  be  charged  with,  No.  453,  note,  page  262. 
CERTIFICATE, 

of  United-States  Clerk  to  genuineness  of  signature  and  to  qualification 

of  United-States  judge,  No.  18. 
of  United-States  Clerk  to  genuineness  of  signature  and  to  qualification 

of  United-States  Commissioner,  No.  56. 
of  United-States  Clerk  to  accompany  copy  of  order  approving  accounts, 

Nos.  756,  764. 

of  United-States  Attorney's  attendance  in  court,  No.  759. 
of  United-States  Commissioner,  of  discharge  of  poor  convict,  No.  53. 

attendance    of    United-States    wit- 
nesses, No.  54. 

attendance  of  United-States  Attor- 
ney, No.  760. 

to  tobacco-peddler,  see  INTERNAL-REVENUE  LAWS. 
of  counsel,  to  truth  of  petition,  Nos.  727,  728. 

of  United-States  Attorney,  to  Clerk,  of  attendance  of  witnesses,  No.  746. 
approving  internal-revenue  cases  and  wit- 
nesses before  United-States  Commissioner, 
No.  768. 


INDEX.  539 

CERTIORARI, 

petition  of  revenue  officer  for,  No.  728. 
CIGARS,  (see  INTERNAL-REVENUE  LAWS.) 
CITATION, 

request  for,  No.  694 
CHANCERY,  (see  EQUITY.) 
CHRISTIAN  NAME, 

alleging  to  be  unknown,  No.  6. 
CISTERN-ROOM,  (see  INTERNAL-REVENUE  LAWS.) 
CITIZENSHIP, 

obtaining  certificate  of,  by  false  statements,  No.  87. 

using,  and  attempting  to  use,  certificate  of,  procured  by  false  statements, 

Nos.  88,  89. 
one  not  admitted  to,  representing  himself  to  be  a  citizen,  in  order  to  be 

registered  as  a  voter,  No.  90. 

must  be  averred,  in  indictment  under  civil-rights  laws,  No.  154,  note  2. 
CIVIL-RIGHTS  LAWS, 
offenses  under, 

conspiring  to  injure  and  oppress  a  citizen  of  the  United  States  be- 
cause of  his  having  exercised  his  right  to  vote  for  a  representative 
in  Congress,  No.  154 
committing  an  assault  in  violating  a  provision  of  Sec.  5508,  R.  S., 

No.  154 

conspiring  to  injure  and  intimidate  a  citizen  of  the  United  States 
in  the  exercise  of  his  right  to  vote  at  an  election  for  representa- 
tive in  Congress.  Nos.  155,  156. 

going  in  disguise  on  the  highway,  and  on  the  premises  of  another, 
with  intent  to  prevent  him  from  perfecting  his  title  to  a  home- 
stead entry,  Nos.  157,  158. 
CLAIM, 

false,  see  PRESENTING. 
to  property  seized,  No.  662. 
further,  notice  of,  No.  698. 
CLAIMANT, 

in  admiralty,  stipulation  for  costs  by,  No.  632. 
claim  of,  to  property  seized,  No.  662. 
petition  of,  for  delivery  of  property  on  bond,  No.  663. 
bond  of,  for  value,  on  delivery,  Nos.  671,  741. 
answer  of,  to  information  on  seizure,  No.  672. 
when  not  entitled  to  costs,  No.  672,  note  2. 
COGNOVIT, 

in  action  of  debt,  Nos.  683,  712. 

COIN, 

passing  counterfeit,  Nos.  33,  36,  224-263. 

counterfeiting,  Nos.  36,  224-263. 
COLLECTOR  OF  CUSTOMS,  (see  CUSTOMS  LAWS.) 

statement  of  dissatisfaction  of,  with  decision  of  board  of  general  ap- 
praisers, No.  654. 


540  INDEX. 

COLLISION, 

libel  for  damages  caused  by,  No.  633. 

COMMISSIONERS,  (see  UNITED-STATES  COMMISSIONERS.) 

COMMITMENT. 

United-States  Commissioner's,  on  adjournment,  No.  41. 

for  trial,  No.  44. 
COMMON  COUNTS, 

money  had  and  received,  Nos.  690,  706,  710. 

interest,  No.  690. 

account  stated,  No.  710. 

COMPLAINT,  (see  CRIMES;  and  all  forms  for  indictments.) 

general  forms  (beginnings  and  conclusions)  of,  before  United-States 
Commissioner,  Nos.  27-37. 

general  forms  (beginnings  and  conclusions)  of,  before  United-States 
Commissioner,  in  several  counts,  Nos.  28, 32. 

against  one  indicted  in  another  district,  under  an  alias  dictus,  No.  29. 

for  carrying  on  business  without  paying  internal-revenue  special  tax, 
No.  30. 

by  internal-revenue  officer,  No.  32. 

for  passing  counterfeit  coin,  Nos.  33,  36. 

for  making  same,  No.  36. 

for  having  same,  No.  36. 

showing  manner  of  charging  offenses  in  general  terms,  No.  36. 

sworn  to  before  a  clerk  of  a  state  court,  Nos.  37,  564. 

or  affidavit  for  search-warrant,  Nos.  45,  47. 

charging  forgery  of  indorsement  on  a  check  drawn  by  an  officer  of  the 
United  States,  and  the  passing  of  the  same,  Nos.  61,  62. 

charging  having  in  possession  counterfeit  United-States  bond,  No.  93. 

charging  uttering  and  passing  counterfeit  national-bank  note,  No.  113. 

charging  uttering  and  passing  counterfeit  national-bank  note,  United- 
States  note,  or  silver-certificate,  Nos.  114,  115. 

charging  circulating  a  business-card  in  likeness  of  a  national-bank 
note,  No.  115. 

charging  keeping  in  possession  counterfeit  United-States  silver-certifi- 
cates, No.  116. 

charging  keeping  in  possession  and  passing  national-bank  notes,  No.  117. 

charging  keeping  in  possession  and  passing  counterfeit  United-States 
treasury-notes,  No.  118. 

charging  making  and  forging,  having  in  possession  and  passing  counter- 
feit coins,  Nos.  247-253. 

charging  making,  having  in  possession  and  passing  counterfeit  five- 
cent  pieces,  No.  260. 

charging  forging  material  signatures  on  postal  money-orders,  and  pass- 
ing the  same,  No.  341. 

charging  altering  a  postal  money-order,  No.  342. 

charging  receiving  and  concealing  postage-stamps  stolen  from  a  post- 
office,  No.  425. 

charging  using  of  the  mails  in  execution  of  a  scheme  to  defraud,  NOB. 
454,455. 


INDEX.  541 

COMPL  AINT  —  con  tinned. 

charging  one  of  the  crew  of  a  merchant  vessel  combining  with  others 

to  disobey  commands  of,  and  assaulting,  the  master,  No.  480. 
charging  owner  of  a  saloon  with  refusing  to  suffer  an  internal-revenue 

officer  to  examine  his  place  of  business,  No.  496. 
charging  brewer  with  selling  beer  in  packages  with  twice-used  stamps 

thereon,  No.  564. 

CONSPIRACY, 

to  defraud  the  United  States  by  manufacturing  and  disposing  of  dis- 
tilled spirits  without  paying  the  tax,  Nos.  139,  145,  146,  493. 

to  defraud  the  United  States  by  removing  distilled  spirits  from  a  dis- 
tillery to  a  place  other  than  the  distillery-warehouse,  without  paying 
the  tax.  Nos.  140,  147,  491. 

to  defraud  the  United  States  by  putting  upon  the  marked  distilled 
spirits  without  paying  the  tax,  Nos.  141,  492. 

to  defraud  the  United  States  and  commit  an  offense  against  them,  by 
setting  up  an  illicit  still,  No.  143. 

to  commit  an  offense  against  the  United  States  by  carrying  on  the 
business  of  a  distiller,  with  intent  to  defraud  them  of  the  tax  on  dis- 
tilled spirits,  No.  144. 

to  commit  an  offense  by  embezzling  post-office  funds,  No.  151. 

to  injure  and  oppress  a  citizen  of  the  United  States  because  of  his  hav- 
ing voted  for  a  representative  in  Congress,  No.  154. 

to  injure  and  intimidate  a  citizen  of  the  United  States  in  the  exercise  of 
his  right  to  vote  at  an  election  for  representative  in  Congress,  Nos. 
155,  156. 

of  internal-revenue  officer  with  others,  to  remove  spirits  from  a  dis- 
tillery, and  to  put  them  upon  the  market,  without  the  tax  being  paid, 
and  to  defraud  the  United  States  of  the  tax,  Nos.  491-49a 

CONSUL, 

information  of  debt  on  bond  of,  No.  703. 

CONSULAR  SEALS, 

breaking  and  picking,  Nos.  486,  487. 

CONTINUANDO, 

forms  of,  Nos.  436,  439,  441,  444.  476,  497,  531,  533,  553.  555,  558,  588,  666, 

677. 
CONTRACTOR, 

action  of  debt  on  bond  of,  No.  720. 
CONVICT,  (see  POOR  CONVICT.) 
COPY  OF  ACCOUNT, 

in  action  of  debt,  Nos.  707,  711. 
CORPORATION, 

manner  of  alleging  name  of,  Nos.  6,  658. 

COSTS, 

bond  for,  on  error,  in  criminal  case,  No.  26. 
claimant's  stipulation  for,  in  admiralty,  No.  632. 

bond  for,  in  proceeding  in  rein,  No.  G68, 


542  INDEX. 

COSTS  —  continued, 

claimant  not  entitled  to,  when  certificate  of  probable  cause  is  entered, 

No.  672,  note  2. 

and  damages,  order  that  execution  be  satisfied  on  making,  No.  700. 
motion  for  further  security  for  Nos.  731,  (730,  732). 

COUNTERFEITING, 

obligations  of  the  United  States  and  national-bank  notes,  Nos.  57-71, 

94-97. 
coins,  Nos.  224-26& 

CREDITOR'S  BILL, 

on  behalf  of  the  United  States,  see  EQUITY. 

CRIMES, 

against  the  operations  of  the  Government,  forgeries,  frauds,  etc.,  Nos 

57-15a 

against  the  elective  franchise  and  civil  rights  of  citizens,  Noa  154-183. 
official  misconduct,  etc.,  Nos.  184-212. 
against  justice,  Nos.  213-220. 
within  the  maritime  jurisdiction,  Nos.  221-223. 
counterfeiting  coin,  Nos.  224-263. 
postal  crimes,  Nos.  264-476. 
relating  to  merchant  seamen,  Nos.  477-480. 
under  customs  laws,  Nos.  481-487. 
under  internal-revenue  laws,  Nos.  488-613. 
miscellaneous  offenses,  Nos.  614-629. 

CUSTOMS  LAWS, 

affidavit  for  search-warrant  under,  No.  45. 

United-States  Commissioner's  search-warrant  under,  No.  46. 

crimes  under, 

receiving,  concealing,  selling,  and  facilitating  the  transportation, 
concealment  and  sale  of,  merchandise  imported  contrary  to  law, 
Nos.  481,  483,  484,  485. 

smuggling  and  clandestinely  introducing  merchandise  into  the 
United  States  without  paying  or  accounting  for  the  duty  thereon, 
No.  482. 

breaking  seals  and  wires  on  consular  sealed  cars,  Nos.  486,  487. 
civil  proceedings  under, 

on  seizure  of  merchandise  imported  contrary  to  law,  Nos.  640,  641, 

644,  646,  647,  64a 
on  seizure  of  merchandise  smuggled  and  clandestinely  introduced 

into  the  United  States,  Nos.  640,  641,  648. 
on  seizure  of  merchandise  smuggled  in  baggage,  No.  641. 
attachment  and  monition,  No.  642. 

marshal's  public  notice  of  seizure  and  of  time  of  trial,  No.  643. 
on  seizure  of  merchandise  fraudulently  passed  through  a  custom- 
house as  wearing-apparel  and  personal  baggage  not  intended  for 
Bale,  No.  644. 

on  seizure  of  merchandise  whereof  entry  has  been  made  by  means 
of  false  affidavit,  No.  644. 


INDEX.  543 

CUSTOMS  LAWS  —  continued 

civil  proceedings  under — continued. 

on  seizure  of  merchandise  fraudulently  undervalued  in  invoice  and 

entry,  Nos.  645,  647. 

on  seizure  of  imported  animals,  by  false  invoice  and  affidavit  de- 
clared to  be  for  breeding-purposes,  Nos.  646,  647. 
on  seizure  of  obscene  books  and  pictures,  and  articles  of  an  immoral 

nature,  No.  649. 

attachment  and  monition,  No.  650. 

on  seizure  of  merchandise  for  having  been  removed  from  customs- 
warehouse  without  payment  of  the  duty,  No.  651. 
suit  on  customs  warehousing-bond,  for  non-withdrawal  of  merchan- 
dise and  non-payment  of  duty,  No.  652. 

suit  on  customs-bond  on  delivery  to  importer,  for  failure  to  re- 
deliver  packages  to  the  order  of  the  Collector,  No.  653. 
statement  of  dissatisfaction  with  a  decision  of  the  board  of  general 
appraisers,  and  application  to  United-States  circuit  court  for  a 
review,  No.  654 
DAMAGES, 

execution  to  be  satisfied  on  making  costs  and,  No.  700. 
DEBT,  (see  DECLARATION;  INFORMATION.) 
declaration  in,  on  Sec.  4465,  R  S.,  No.  634 
information  of,  on  customs  warehousing-bond,  No.  652. 
declaration  in,  on  customs  bond  on  delivery,  No.  653. 
information  of,  on  Sees.  3337-3340,  R  S.,  No.  67& 
declaration  in,  on  Sec.  3324,  R  S.,  No.  679. 

distillers'  warehousing-bonds,  No.  680. 
summons  in,  prcecipe  for,  No.  681. 
declaration  in,  on  Sees.  8244  and  3176,  R  S.,  No.  682. 
cognovit  in  action  of,  No.  683. 
declaration  in,  on  Sees.  3307-3456,  R  S.,  No.  684 
information  of,  on  cigar-manufacturers'  bond,  No.  685. 
declaration  in,  on  internal-revenue  ganger's  bond,  No.  687. 
information  of,  on  distiller's  bond,  No.  689. 

declaration  in,  for  money  had  and  received,  and  for  interest,  No.  690. 
declaration  in,  on  postmaster's  bond,  against  one  surety,  No.  695. 
declaration  in,  on  postmaster's  bond,  against  all  but  a  deceased  surety, 

No.  696. 

information  of,  on  Sec.  4057,  R  S.,  No.  702. 
information  of.  on  consul's  bond,  No.  703. 
information  of,  to  recover  money  converted,  No.  706. 
copy  of  account,  in  action  of,  Nos.  707,  711. 
information  of,  to  recover  money  twice  paid  to  United-States  officer, 

No.  710. 
information  of,  on  assistant-quartermaster's  bond,  against  all  but  a 

deceased  surety,  No.  713. 
information  of,  on  bond  of  receiver  of  public  moneys,  against  a  surety, 

No.  714. 

information  of,  on  Indian-agent's  bond,  No.  715. 
declaration  in,  on  United-States  contractor's  bond.  No.  720. 


544:  INDEX. 

DECLARATION,  (see  INFORMATION.) 
when  proper,  No.  630,  note  1. 
in  debt,  on  statute,  admiralty,  No.  634. 
bond,  customs,  No.  653. 
statute,  internal  revenue,  No.  679. 

bonds,  internal  revenue,  against  executors,  Nos.  680,  687. 
statutes,  internal  revenue,  Nos.  682,  684. 
to  recover  money  had  and  received,  No.  690. 
on  postmaster's  bond,  Nos.  695,  696. 
motion  for  leave  to  amend,  No.  697. 
order  sustaining  motion  to  amend,  No.  700 
on  United-States  contractor's  bond,  No.  720. 
in  trover,  for  logs  cut  on  public  lands,  No.  721. 

DEED, 

of  trust  conveying  real  estate  to  United-States  marshal,  to  apply  on 
judgment  in  favor  of  United  States,  No.  709. 

DE  INJURIA, 

replication,  to  pleas.  No.  699. 

DELIVERY,  (see  BOND  ON  DELIVERY.) 

DEMURRER, 

to  plea,  general  and  special,  No.  688. 

Nos.  717,  735. 

to  pleas  of  nil  debent  and  performance  generally,  No,  719, 
joinder  in,  to  information  on  seizure,  No.  734. 

DESERTION, 

of  vessel,  by  merchant-seaman,  No.  477. 

DIRECT  AVERMENT, 

"  being  "  is,  No.  6,  note  7. 

"having,"  whether  is,  No.  451,  note  2. 

DISCOVERY, 

bill  in  chancery  for,  No.  748. 

DISTILLED  SPIRITS,  (see  INTERNAL-REVENUE  LAWS.) 
DISTILLER,  (see  INTERNAL-REVENUE  LAWS.) 

DISTRICT  ATTORNEY, 

signature  of,  to  indictment,  etc.,  Nos.  1-10. 

form  of  pleadings  continued  by  successor  of,  No.  719. 

order  for  bench-warrants  to  issue  at  request  of,  No.  22. 

forms  of  pleadings  by,  civil  cases,  Noa  729-731,  733-740,  748-750,  752- 

754 

certificate  of,  to  clerk,  of  attendance  of  witnesses,  No.  746. 
affidavit  of,  to  truth  of  matters  in  a  bill  in  chancery,  filed  on  behalf  of 

the  United  States,  No.  748. 

accounts  of,  forma  and  instructions  pertaining  to,  Nos.  755-761. 
certificate  of,  approving  internal-revenue  cases  and  witnesses  before 

United-States  Commissioners,  No.  768, 


INDEX.  545 

DISTRICT  JUDGE, 

order  or  warrant  of,  for  removal  of  prisoner  to  another  district,  Nos. 

16,  17,  19. 
DIVISION, 

of  district,  venue,  indictment,  No.  6,  note  2. 

complaint,  No.  36. 
DUPLICITY, 

cases  on,  cited,  No.  6,  note  16. 

DWELLING-HOUSE, 

using  still  in,  for  distilling,  see  INTERNAL-REVENUE  LAWS. 
ELECTIVE  FRANCHISE, 

crimes  against,  Nos.  159-183. 
EMBEZZLEMENT,  (see  LARCENY;  POSTAL  LAWS.) 
of  public  money,  Nos.  153,  466-468,  470-473. 

by  internal-revenue  officer,  Nos.  203-307. 
of  mail-matter,  by  postmaster,  No.  266. 

letter-carrier,  Nos.  267,  360-376. 
before  delivery  to  the  person  to  whom  directed,  Nos. 

268-283,  399,  400. 
by  post-office  clerk,  Nos.  343-349. 
assistant  postmaster,  Nos.  350-352. 
railway  post-office  clerk,  Nos.  353-359. 
special  delivery  messenger,  No.  377. 
of  postal  funds  and  money-order  f ands,  Nos.  458-473. 
of  moneys,  funds  and  credits  of  a  national-bank,  by  officers  thereof, 

Nos.  624-629. 
ENTRY  OF  APPEARANCE, 

of  claimant,  by  attorney,  No.  661. 
of  defendant,  by  attorney,  No.  691. 

of  an  officer  of  the  United  States,  defendant  in  a  chancery  suit,  No.  752. 
EQUITY, 

form  of  bill  in  chancery  on  behalf  of  the  United  States  (creditor's  bill), 

No.  748. 

replication  to  answer,  Nos.  749,  750. 
subpoena  in  chancery,  No.  751. 
entry  of  appearance  of  defendant,  No.  752. 
answer  of  United-States  Marshal  to  a  bill  in  chancery  against  him, 

No.  753. 

answer  of  United-States  Comptroller  of  the  Currency  to  a  bill  in  chan- 
cery against  him  and  others,  No.  754. 

ERROR, 

bail-bond  on,  No.  25. 
bond  for  costs  on,  No.  26. 
prcecipe  for  writ  of,  No.  694 

EXCEPTIONS, 

order  allowing  time  to  file  bill  of,  No.  7<XX 
bill  of,  No.  701. 
35 


546  INDEX. 

EXECUTION, 

award  of,  to  be  satisfied  on  making  damages  and  costs,  No.  700. 
FACTS, 

special  findings  of,  No.  693. 
FALSE  CLAIM,  (see  PRESENTING.) 

FALSE  ENTRIE1,  (see  INTERNAL-REVENUE  LAWS;  NATIONAL  BANKS.) 
FALSE  RETURN  for  special  tax,  (see  INTERNAL-REVENUE  LAWS.) 

FEES, 

of  United-States  witnesses,  order  of  United-States  Commissioner  for 

payment  of,  No.  54 
of  United-States  Attorneys  and  Commissioners,  Nos.  755-768. 

"FELONIOUSLY," 

in  indictments,  No.  6,  note  9. 
FIERI  FACIAS, 

prcecipe  for,  No.  745. 
FIGURES, 

Arabic,  use  of  in  indictments,  No.  6,  note  1. 

complaints,  Nos.  27-37. 
FORGERY,  (see  POSTAL  LAWS.) 

of  endorsement  on  a  check  drawn  by  an  officer  of  the  United  States, 

Nos.  57,  59,  61,  62,  67,  68,  69. 
of  national-bank  notes,  Nos.  60,  94,  95,  96,  97. 
of  affidavit  in  support  of  a  pension  claim,  No.  72. 
of  writing  in  support  of  a  pension  claim,  No.  74. 
of  distiller's  bond,  No.  77. 

procuring,  No.  79. 
of  soldier's  discharge,  No.  80. 
of  voucher  for  the  purpose  of  obtaining  a  sum  of  money  from  an  officer 

of  the  United  States.  No.  83. 
of  receipt  on  a  money-order,  Nos.  85,  403,  417. 
of  postal  money-orders,  Nos.  324-326. 
of  a  material  signature  on  a  money-order  and  passing  of  the  same, 

Nos.  328-336,  341. 

of  postal  money -orders  by  altering  them,  Nos.  338,  339,  342. 
of  affidavit  of  surety  on  bond,  No.  432. 

of  documents  required  by  the  provisions  of  the  internal-revenue  laws, 
Nos.  434,  613. 

FRAUD,  (see  CUSTOMS  LAWS;  INTERNAL-REVENUE  LAWS;  POSTAL  LAWS, 

etc.) 
means  of  consummating  need  not  be  set  out  in  indictment,  No.  139, 

note  1. 
obtaining  mail-matter  by  means  of,  see  MAIL-MATTER. 

"FURTHER  PRESENT," 

use  of  expression,  not  necessarily  indicating  a  new  count,  No.  6,  note  14. 

GAUGER,  (see  INTERNAL-REVENUE  LAWS.) 

HABEAS  CORPUS, 

replication  to  the  return  to,  on  behalf  of  a  United-States  officer,  No.  726. 


INDEX.  547 

HABEAS  CORPUS  AD  TESTIFICANDUM, 
petition  for  writ  of,  Nos.  722,  724 

"HAVING," 

whether  recital,  No.  451,  note  3. 

HAVING  IN  POSSESSION,  (see  RECEIVING  AND  CONCEALING.) 

obligations  and  securities  engraved  in  similitude  of  obligations,  etc.,  of 

the  United  States,  Nos.  91,  92,  9a 
forged  United-States  bonds,  No.  98. 

silver-certificates,  Nos.  104,  116, 
note,  No.  110. 

national-bank  notes,  No.  117. 
United-States  treasury-notes,  No.  118. 

and  under  control,  a  still  set  up  and  not  registered,  Nos.  150,  507,  511. 
counterfeit  coins,  with  intent  to  utter  and  sell  the  same,  Nos.  225,  228, 

249. 
counterfeit  coins,  with  intent  to  defraud,  Nos.  230,  233,  240,  247,  248, 

251-253,  258-260. 
counterfeit  coins,  with  intent  to  utter  and  pass  the  same  and  thereby  to 

defraud,  Nos.  234,  242. 

stolen  postage-stamps  and  property  of  the  United  States,  Nos.  421-424 
merchandise  imported  contrary  to  law,  Nos.  481,  483-485. 

HIGH  SEAS,  (see  CRIMES.) 
stealing  on,  Nos.  222,  223. 

HIGHWAY,  (see  CIVIL-RIGHTS  LAWS.) 

going  in  disguise  on,  and  on  premises  of  another,  with  intent  to  pre- 
vent him  from  perfecting  his  title  to  a  homestead  entry,  Nos.  157,  158. 
HOMESTEAD,  (see  CIVIL-RIGHTS  LAWS.) 

preventing  one  from  perfecting  his  title  to,  by  going  in  disguise  on  the 

highway,  etc.,  Nos.  157,  158. 
ILLICIT  DISTILLING,  (see  INTERNAL-REVENUE  LAWS.) 

INDIAN  AGENT, 

information  of  debt  on  bond  of,  No.  715. 

INDICTMENT,  (see  CRIMES,  etc.) 

general  form  of,  consisting  of  several  counts,  No.  1, 

general  form  of,  consisting  of  two  counts,  and  alias  dictus,  No.  4 

general  form  of,  showing  manner  of  alleging  names,  time  and  various 

facts,  and  giving  citations  to  authorities,  No.  6. 
plea  of  nolo  contendere  to,  No.  11. 

recognizance  before  a  Clerk,  to  appear  to  answer  to,  No.  13. 
in  another  district,  removal  of  prisoner  to  answer  to,  Nos.  14-21. 
object  and  requisites  of,  No.  453,  note,  pages  258  and  262. 
INFORMATION, 

criminal,  see  CRIMES,  etc. 
general  form  of,  No.  7. 
leave  to  file,  No.  7,  note  1. 
must  be  based  on  oath,  No.  7,  note  1. 


5iS  INDEX. 

INFORMATION  —  continued. 
criminal  —  continued. 

not  proper  in  case  of  infamous  crime,  No.  7,  note  1. 
plea  of  nolo  contender e  to,  No.  12. 
origin  of,  No.  630,  note  1. 
civil,  see  DEBT  ;  DECLARATION,  etc, 
origin  of,  No.  630,  note  1. 
libel  of,  in  admiralty,  No.  630. 
requisites  of,  No.  630,  note  3. 

to  recover  penalties,  against  a  vessel,  Nos.  635,  630,  637,  638. 
on  seizure,  under  customs  laws.  Nos.  640,  641,  644-649,  651. 
of  debt  on  customs  warehousing-bond,  No.  652. 
on  seizure  under  internal-revenue  laws,  Noa  655,  658,  660,  664-666, 

675-678. 

of  debt,  under  internal-revenue  laws,  Nos.  673,  685. 
on  distiller's  bond,  No.  689. 

Sec.  4057,  R  S.  (P.  O.),  No.  702. 
consul's  bond,  No.  703. 

in  nature  of  an  action  on  the  case  against  vessel-owners,  No.  704. 
of  debt,  to  recover  money  converted,  No.  706. 

twice  paid  to  United-States  officer,  No. 

710. 

on  assistant  quartermaster's  bond,  No.  713. 
bond  of  receiver  of  public  moneys,  No.  714. 
Indian-agent's  bond,  No.  715. 
in  chancery,  replication  to  answer  to,  No.  750. 

INITIALS, 

use  of,  in  indictments.  No.  6,  note  1. 

complaints,  No.  27. 
INJUNCTION, 

bill  for,  in  chanoery,  No.  748. 

INTENT, 

to  defraud,  when  need  not  be  averred,  No.  592,  note  1. 

INTERNAL-REVENUE  LAWS, 

affidavit  for  search-warrant  under,  No.  47. 

United-States  Commissioner's  search-warrant  under,  No.  48. 

crimes  under, 

conspiring  to  defraud   the  United  States,  by  removing  distilled 
spirits  from  a  distillery  to  a  place  other  than  the  distillery-ware- 
house, and  putting  the  same  upon  the  market,  without  payment 
of  the  tax,  Nos.  140,  141,  145. 
aiding  and  abetting  the  removal  of  distilled  spirits  from  a  distillery, 

etc.,  No.  142. 

conspiring  to  commit  an  offense  against  the  United  Spates  by  carry- 
ing on  the  business  of  a  distiller  without  giving  bond,  and  with 
intent  to  defraud  the  United  States  of  the  tax  on  the  spirits  dis- 
tilled by  them,  Nos.  143,  144 


INDEX.  549 

INTERNAL-REVENUE  LAWS  —  continued. 
crimes  under  —  continued, 

conspiring  to  defraud  the  United  States  by  producing  and  dis- 
posing of  distilled  spirits  without  payment  of  the  tax  thereon, 

No.  146. 
conspiring  to  defraud  the  United  States  of  the  internal-revenue  tax 

on  distilled  spirits,  Nos.  139,  147. 
receiving  money  under  threat  of,  and  for  not,  informing  against 

violations  of  the  internal-revenue  laws,  No.  187. 
forging  and  passing  forged  documents  required  by  internal-revenue 

laws,  Nos.  432-434. 
gauger  permitting  others  to  remove  distilled  spirits  from  a  distillery 

without  tax  being  paid,  No.  488. 
storekeeper  permitting  the  same,  Nos.  489,  490. 
storekeeper  conspiring  with  others  to  do  the  same,  No.  491. 
storekeeper  conspiring  with  others  to  put  such  spirits  upon  the 

market  without  tax  being  paid,  and  to  defraud  the  United  States 

of  the  tax,  Nos.  492,  493. 

obstructing  internal-revenue  officer,  Nos.  494-496. 
making  false  return  for  special  tax  to  collector,  No.  497. 
retail  liquor-dealer  carrying  on  business  without  having  paid  the 

special  tax,  No.  498. 
retail  liquor-dealer  neglecting  to  keep  his  tax-stamp  posted,  Nos. 

499,  500. 
rectifier  of  distilled  spirits  carrying  on  business  without  having 

paid  the  special  tax,  No.  501. 
distiller  carrying  on  business  without  having  given  bond,  and  with 

intent  to  defraud  the  United  States  of  tax  on  spirits  distilled, 

Nos.  148,  502,  503,  509,  510,  514,  515. 
making  and  fermenting  a  mash,  fit  for  the  production  of  spirits,  in 

a  building  other  than  a  distillery,  Nos.  504,  516. 
by  distillation  separating  alcoholic  spirits  from  a  fermented  mash, 

Nos.  505,  527. 
having  a  still  set  up,  not  registered  with  the  collector,  Nos.  506,  507, 

611-513. 

using  a  still  for  distilling,  in  a  dwelling-house,  No.  508. 
using  a  still  for  distilling  in  a  building  where  vinegar  is  manufact- 
ured, No.  517. 
,       receiving  at  and  carrying  away  from  a  distillery  distilled  spirits,  on 

which  distillery  no  sign  is  placed,  Nos.  518,  524. 
removing  and  concealing  distilled  spirits  subject  to  tax,  with  intent 

to  defraud  the  United  States  of  the  tax,  Nos.  519,  520,  526. 
gaining  access  to  contents  of  a  cistern-room  of  a  distillery,  and  of  a 

distillery-warehouse,  Nos.  521,  522. 
putting  up  and  keeping  up  a  wholesale  liquor-dealer's  sign  without 

being  such  dealer,  No.  523. 
removing  distilled  spirits  from  a  distillery  to  a  place  other  than  the 

distillery-warehouse,  tax  not  having  been  paid,  No.  525. 


550  INDEX. 

INTERNAL-REVENUE  LAWS  —  continued, 
crimes  under—  continued. 

using  illicit  spirits  in  manufacturing  vinegar,  No.  5?8. 

removing  fluid  containing  more  than  two  per  cent  of  proof -spirits, 

from  a  vinegar-factory,  No.  529. 

using  a  vessel  for  distilling,  on  premises  where  vinegar  is  pro- 
duced, No.  530. 
wholesale  liquor-dealer  neglecting  to  make  entries  in  his  book,  Nos. 

531-53a 
rectifier  and  wholesale  liquor -dealer  neglecting  to  make  entries  in 

his  book,  Nos.  534-537. 
rectifier  omitting  to  cause  packages  of  rectified  spirits  to  be  gauged, 

inspected  and  stamped,  Nos.  538,  539. 
emptying  casks  of  distilled  spirits  without  effacing  stamps,  marks 

and  brands,  Nos.  540,  543-548,  550. 

neglecting  to  destroy  stamps  on  empty  tobacco-pails,  No.  541. 
neglecting  to  destroy  stamps  on  empty  cigar-boxes,  No.  542. 
using  a  cask  for  selling  spirits  other  than  those  inspected  therein, 

Nos.  549,  551. 

purchasing  an  empty  stamped  spirit-barrel,  No.  552. 
brewer  making  false  entries  in  his  monthly  statement.  No.  553. 
owner  and  superintendent  of  a  brewery,  evading  tax  on  fermented 

liquors  made  by  him,  Nos.  554,  557. 
superintendent  of  a  brewery,  making  and  allowing  to  be  made  fj.he 

entries  in  the  book  required  by  law  to  be  kept,  Nos.  555,  556. 
brewer  neglecting  to  make  entries  in  book  called  Form  104,  No. 

558. 

brewer  neglecting  to  cancel  internal-revenue  stamps  on  beer-bar- 
rels, No.  559. 
withdrawing  beer  without  destroying  stamps  on  package,  Nos.  560, 

569. 
brewer  selling  beer  in  kegs  with  twice-used  stamps  thereon,  Nos. 

561-564 

purchasing  and  receiving  beer  in  package  without  stamp,  No.  565. 
withdrawing  beer  from  package  without  stamp,  No.  566. 
withdrawing  beer  from  unstamped  package  for  the  purpose  of  bot- 
tling the  same,  Nos.  567,  570. 
brewer  removing  beer  in  packages  with  twice-used  stamps  thereon, 

No.  568. 

bottling  fermented  liquor  in  a  brewery,  Nos.  571,  572. 
bottling  fermented  liquor  on  premises  having  communication  with 

a  warehouse,  No.  573. 
withdrawing  fermented  liquor  from  vessels  having  re-used  stamps 

thereon,  No.  574 
dealer  in  leaf-tobacco  neglecting  to  make  entries  of  sales  in  the 

books  provided  for  by  law,  Nos.  575,  576. 
selling  tobacco  not  properly  put  up  in  packages  and  stamped,  No. 

577. 


INDEX.  55 1 

INTERNAL-REVENUE  LAWS  —  continued. 
crimes  under  —  continued. 

neglecting  to  destroy  stamps  on  emptied  tobacco-vessels,  No.  578. 

tobacco-peddler  refusing  to  exhibit  certificate  to  revenue  agent, 
No.  579. 

tobacco-peddler  failing  to  have  sign  on  his  wagon,  No.  580. 

tobacco-peddler  peddling  without  giving  bond  and  obtaining  col- 
lector's certificate,  Nos.  581-584 

removing  cigars  from  manufactory  not  properly  boxed  and  stamped 
as  required  by  law,  Nos.  585,  592,  594,  595,  597,  598. 

manufacturing  cigars  without  first  giving  bond,  Nos.  586,  591. 

perjury  of  surety  on  cigar-manufacturer's  bond,  No.  216. 

cigar-manufacturer  not  having  sign,  No.  587. 

cigar-manufacturer  neglecting  to  make  daily  entries  in  book  called 
Form  73,  Nos.  588,  589  (2),  589  (3). 

cigar-manufacturer  neglecting  to  deliver  inventory  to  collector 
upon  concluding  business,  No.  590. 

selling  and  offering  for  sale  cigars  not  properly  boxed  and  stamped, 
Nos.  593,  596,  599-602. 

selling  and  offering  for  sale  cigars  purporting  to  have  been  im- 
ported, Nos.  600-602. 

buying,  receiving  and  having  in  possession  cigars  on  which  the 
internal-revenue  tax  has  not  been  paid,  Nos.  603,  604. 

purchasing  and  receiving  for  sale  cigars  not  branded  or  stamped, 
No.  605. 

neglecting  to  destroy  stamps  on  emptied  cigar-boxes,  Nos.  606-609, 
611. 

buying  and  accepting  from  others  empty  stamped  cigar-boxes, 
No.  610. 

using  for  packing  cigars  empty  stamped  cigar-boxes,  No.  612. 

simulating,  and  executing  in  name  of,  another  person  a  bond  re- 
quired by  the  internal-revenue  laws,  and  aiding  and  advising  the 
same  to  be  done,  No.  613. 
civil  proceedings  under, 

on  seizure  of  personal  property  by  an  internal -re  venue  officer,  as 
being  property  of  distillers  carrying  on  business  with  intent  to 
defraud  the  United  States  of  the  tax,  Nos.  655,  658,  660. 

consent  fixing  value  of  property  seized,  without  appraisement, 
Nos.  656,  659,  (see,  also,  No.  669.) 

order  of  court  for  delivery,  on  bond,  of  property  seized,  and  ap- 
proving bond  for  costs,  No.  657. 

on  seizure  of  real  and  personal  property  of  a  distilling  company 
carrying  on  business  with  intent  to  defraud,  and  which  had  de- 
frauded the  United  States  of  the  taxes,  and  as  being  raw  mate- 
rial found  on  the  premises  and  intended  to  be  made  into  taxable 
articles  and  sold  in  fraud  of  the  revenue,  Nos.  658,  660. 

entry  of  appearance  of  claimant,  by  attorney,  No.  661. 

claim  in  writing  to  property  seized,  No.  662. 

petition  of  claimant  for  delivery  of  property  on  bond,  No.  663. 


552  INDEX. 

INTERNAL-REVENUE  L AWS  —  continued. 
civil  proceedings  under  —  continued. 

on  seizure  of  property  for  being  under  the  control  of  one  having  a 
still  and  distilling-apparatus  set  up,  but  not  registered,  and  carry- 
ing on  business  of  a  distiller  without  having  given  bond,  and  with 
intent  to  defraud  the  United  States  of  the  tax ;  and  for  being 
property  found  in  a  building  permitted  to  be  used  for  purposes  of 
ingress  and  egress  to  an  illicit  distillery,  and  raw  materials,  in- 
tended to  be  manufactured  into  articles  subject  to  tax  and  sold  in 
fraud  of  the  revenue,  No.  664. 

on  seizure  of  distilled  spirits  and  personal  property  owned  by,  and 
found  in  rectify'ng  establishment  of,  persons  carrying  on  busi- 
ness of  a  rectifier  without  paying  special  tax,  No.  665. 

on  seizure  of  personal  property  used  by  a  brewer  who  has  evaded 
the  internal-revenue  tax,  and  neglected  to  keep  books  and  make 
reports  required  by  law,  and  carried  on  the  business  of  bottling 
fermented  liquors  upon  premises  communicating  with  a  brew- 
ery, and  withdrawn  such  liquors  from  unstamped  packages,  No. 
666. 

attachment  and  monition,  No.  667. 

claimant's  bond  for  costs,  No.  668. 

agreement  for  appraisement,  by  appraisers  named,  of  property 
seized,  No.  669,  (see,  also,  Nos.  656,  659.) 

appraisement,  No.  670. 

claimant's  bond  for  value  of  property  seized  and  released,  No.  671. 

answer  of  claimant  to  information  on  seizure  under  internal-revenue 
laws,  No.  672. 

information  of  debt  on  statute  to  recover  penalty  from  brewers,  for 
not  keeping  books  required  by  law,  No.  673. 

summons  to  defendant  to  the  above  information,  No.  674. 

on  seizure  of  cigars  not  properly  stamped,  and  for  being  among 
stock  in  trade  of  a  dealer  who  has  affixed  false  customs-stamps 
on  the  boxes  containing  the  same  cigars,  for  being  found  in 
custody  of  the  same  dealer  in  fraud  of  the  internal-revenue  laws, 
and  with  a  design  to  avoid  payment  of  the  tax,  and  for  being  re- 
moved from  the  place  where  made  without  stamping,  etc.,  the 
number,  etc.,  on  the  boxes,  Nos.  675,  676. 

on  seizure  of  cigars  and  other  property  for  being  removed  from  the 
factory  without  being  packed  in  new  boxes,  and  without  the 
proper  stamps,  and  without  having  the  number  of  cigars,  etc., 
stamped  thereon,  and  for  being  kept  for  sale  without  the  proper 
revenue-stamps  thereon ;  and  for  being  raw  materials,  tools,  etc., 
of  a  cigar-iranufacturer  who  has  removed  cigars  without  the 
proper  stamps,  and  made  false  entries  in  his  books,  Nos.  676, 
677. 

on  seizure  of  property  for  being  merchandise  on  which  taxes  are 
imposed,  and  found  within  the  control  of  persons  for  the  purpose 
of  being  sold  and  removed  in  fraud  of  the  internal-revenue  laws, 
and  with  a  design  to  avoid  the  tax,  No.  678. 


INDEX.  553 

INTERNAL-REVENUE  LAWS  —  continued. 
civil  proceedings  under  —  continued. 

action  of  debt  on  statute  to  recover  penalty  for  receiving  and  trans- 
porting, and  having  in  possession  with  intent  to  transport,  empty 
spirit-casks,  each  bearing  stamps  and  marks  required  by  law, 
No.  679. 

action  of  debt  on  distiller's  warehousing  bonds,  conditioned  for  the 
payment  of  taxes  within  three  years,  etc.,  No.  680. 

prcecipe  for  summons,  Nos.  681,  686. 

action  of  debt  against  a  rectifier,  for  special  tax,  and  fifty  per  cent 
additional,  No.  682. 

cognovit,  No.  683. 

action  of  debt  on  statute,  against  distillers,  to  recover  penalty  for 
neglecting  to  render  monthly  account  to  the  collector,  No.  684 

information  of  debt  on  cigar-manufacturer's  bond,  conditioned  for 
the  payment  of  assessments,  etc.,  No.  685. 

action  of  debt  on  bond  of  gauger,  for  permitting  unlawful  removal 
of  spirits,  and  conspiring  with  others  to  defraud  the  revenue,  No. 
687. 

demurrer,  general  and  special,  to  plea,  No.  68S. 

information  of  debt  on  distiller's  bond,  for  non-payment  of  assess- 
ment for  tax  on  spirits,  or  of  penalty  and  interest,  No.  689. 

JOINDER  IN  DEMURRER, 

to  information  on  seizure,  No.  734. 

JUDGMENT, 

for  plaintiff,  with  award  of  execution,  No.  700. 
order  overruling  motion  in  arrest  of,  No.  700. 
bill  in  chancery  to  subject  property  to,  No.  748. 

JURAT, 

of  United-States  Commissioner,  to  justification  of  bail,  No.  24. 

complaint,  Nos.  27,  30,  31. 
oath  of  poor  convict,  No.  52. 
of  clerk  of  state  court,  to  complaint,  Nos.  37,  564 
of  United-States  Commissioner  to  affidavit,  Nos.  45,  47. 

of  two  or  more  parties  to  stipulation  for 
costs,  No.  632. 

of  United-States  district  judge  to  petition  for  removal  of  suit,  No.  728. 
of  clerk  of  United-States  court,  to  affidavit  of  United-States  Attorney 
to  bill  in  chancery,  No.  748. 

JURY, 

waiver  of,  No.  692. 

JUSTIFICATION  OF  BAIL, 
of  one  indicted,  No.  24. 
before  United-States  Commissioner,  No.  43. 

"KNOWINGLY,"  (see  SCIENTER.) 

includes  allegation  of  knowledge,  No.  285,  note  1. 


554  INDEX. 

LARCENY,  (sec  EMBEZZLEMENT;  POSTAL  LAWS.) 

of  property  of  United  States  furnished  and  to  be  used  for  the  military 

service,  Nos.  134-136. 
of  personal  property  of  the  United  States,  Nos.  137,  138,  421,  423,  616, 

617. 

of  money  of  the  United  States,  Nos.  152,  153,  616. 
on  the  high  seas,  Nos.  222,  223. 
of  property  belonging  to  the  Post-Office  Department,  Nos.  327,  382,  616, 

617. 
of  mail-matter,  Nos.  357,  378-381,  383-385,  387-389,  301-398,  401,  404,  405, 

407,  414-416. 

of  mail-matter  from  receiving-box,  Nos.  409-413. 
breaking  into  a  post-office  with  intend  to  commit,  Nos.  426,  428-431. 
of  keys  suited  to  locks  on  mails  and  mail-bags,  No.  427. 

LAWS,  (see  REVISED  STATUTES.) 
LIQUOR-DEALER,  (see  INTERAL-REVENUE  LAWS.) 
MAIL,  (see  POSTAL  LAWS.) 

MAIL-BAG, 

tearing,  cutting  and  injuring,  Nos.  386,  390. 

MAIL-MATTER,  (see  POSTAL  LAWS.) 

of  first  class,  enclosing  in  third  class,  No.  265. 

obtaining  by  fraud  and  deception,  Nos.  284,  402,  406,  408. 

private,  in  official  envelope,  No.  475. 
MARK, 

execution  of  instrument  by  making,  No.  671. 
MARKS  AND  BRANDS,  (see  INTERNAL-REVENUE  LAWS.) 
MARSHAL,  UNITED  STATES, 

order  directed  to,  for  removal  of  prisoner  to  another  district  for  trial, 
Nos.  16,  17,  19. 

his  receipt  for  prisoner,  No.  20. 

return  of,  on  warrant  to  apprehend,  No.  15. 
of  removal,  No.  21. 

notice  by,  in  pursuance  of  monition,  No.  643. 

MASH,  fit  for  distillation,  see  INTERNAL-REVENUE  LAWS. 
MITTIMUS, 

United-States  Commissioner's,  on  adjournment,  No.  4L 

for  trial,  No.  44 
MONEYS, 

how  described  in  indictment,  Nos.  205,  459. 
MONITION,  (see  ATTACHMENT  AND  MONITION.) 

MOTION, 

for  leave  to  amend  declaration,  No.  697. 
to  amend,  order  sustaining,  No.  700. 
order  overruling,  for  new  trial,  No.  700. 

in  arrest  of  judgment,  No.  700. 


INDEX.  555 

MOTION  —  continued. 

to  strike  paper  from  the  files,  No.  705. 
for  further  security  for  costs,  No.  731. 

proof  of  notice  of,  No.  730. 

affidavit  ou,  No.  732. 
NATIONAL  BANKS, 

offenses  by  officers  of, 

issuing  certificates  of  deposit,  and  drawing  bills  of  exchange,  with- 
out authority  from  directors,  Nos.  618,  623. 
.    making  false  entries  in  reports  to  the  Comptroller  of  the  Currency, 

Nos.  620,  621. 

misapplying  moneys  of  the  bank,  Nos.  622,  626-629. 
embezzling  and  abstracting  moneys,  funds  and  credits  of  the  bank, 
Nos.  624-629. 

NATURALIZATION,  (see  CITIZENSHIP.) 
NAVIGATION,  (see  ADMIRALTY.) 
NEW  TRIAL, 

order  overruling  motion  for,  No.  700. 
NIL  DEBENT, 

plea  of,  No.  718. 

when  not  sufficient,  No.  718,  note  3. 
NIL  DEBET, 

plea  of,  Nos.  708,  716. 

NOLO  CONTENDERS, 

plea  of,  to  indictment,  No.  11. 
information,  No.  12. 

use  of  plea  of,  No.  12,  note  1. 

when  admissible,  No.  12,  note  1. 
NON  ASSUMPSIT, 

plea  of,  No.  729. 

NON  EST  FACTUM, 
plea  of,  No.  718. 

NOT  GUILTY, 

plea  of,  to  an  action  on  the  case,  No.  733. 
NOTICE, 

to  United-States  Attorney  of  poor  convict's  application  for  discharge, 
No.  51. 

of  time  of  trial  of  information  on  seizure  under  customs  laws  published 
by  the  United-States  Marshal,  No.  643. 

of  further  claim,  No.  698. 
OATH, 

alleging  presentment  of  indictment  upon,  No.  6,  note  3. 

of  poor  convict,  on  applying  for  discharge,  No.  52. 

to  petition  for  removal  of  suit,  Nos.  727,  728. 

of  United-States  Attorney  and  Commissioner  to  accounts,  Nos.  758,  767. 

OBSCENITY, 

need  not  be  set  out  in  pleading,  No.  309,  note  1. 


556  INDEX. 

OBSTRUCTING, 

deputy  marshal  in  serving  a  warrant,  Nos.  218-220. 

internal-revenue  officer,  Nos.  494-498. 
OFFICER  OF  THE  UNITED  STATES, 

demanding  and  obtaining  money  in  pretended  character  of,  Nos.  184- 

186. 
OFFICIAL  ENVELOPE, 

using  for  private  mail-matter,  No.  475. 

OFFICIAL  MISCONDUCT,  Noa  134-212. 

ORDER, 

of  district  judge  for  removal  of  prisoner  to  another  district  for  trial, 

Nos.  16,  17,  19. 

of  court  for  bench-warrants,  No.  22. 
of  court  for  delivery,  on  bond,  of  property  seized,  and  approving  bond 

for  costs  and  bond  on  delivery,  No.  657. 
of  court  for  sustaining  motion  to  amend  declaration,  overruling  motion 

for  new  trial,  and  motion  in  arrest  of  judgment,  No.  700. 
of  court  for  allowing  thirty  days  in  which  to  file  bill  of  exceptions, 

No,  700. 
of  court  in  lieu  of  writ  of  habeas  corpus  ad  testificandum,  petition  for, 

Nos.  722,  724 

of  court  in  lieu  of  writ  of  habeas  corpus  ad  testificandum,  Nos.  723,  725. 
of  court  certifying  probable  cause,  No.  742. 
of  court  approving  account  of  United-States  Attorney,  No.  755. 
of  court  approving  account  of  United-States  Commissioner,  No.  762. 
OWNERSHIP, 

of  property  stolen,  when  need  not  be  alleged,  No.  344,  note  6. 

of  letters  stolen  from  the  mail,  alleging,  No.  345. 

of  property  stolen  from  a  post-office,  mode  of  alleging,  Nos.  428-430. 

PASSING,  (see  UTTERING.) 

check  drawn  by  an  officer  of  the  United  States  with  a  forged  endorse- 
ment thereon,  Nos.  58,  61,  62,  70,  71,  119,  120. 
forged  and  counterfeit  national-bank  notes,  Nos.  63-65,  103,  108,  109, 

113-115,  117. 

spurious  national-bank  note,  No.  66. 

forged  obligation  and  security  of  the  United  States,  Nos.  99, 105, 107, 108. 
and  altered  United-States  bonds,  Nos.  99-101 
United-States  notes,  Nos.  102,  106. 
obligation  and  security  of  the  United  States,  made  of  fragments 

of  national-bank  notes,  No.  107. 
Bank-of-England  notes,  Nos.  Ill,  112. 
United-States  silver-certificate,  No.  114. 

pension-check  with  forged  endorsement  thereon,  Nos.  119,  120. 
counterfeit  coins,  Nos.  33,  231,  235-239,  247,  250-253,  255-257. 
metal  coins  and  tokens  intended  for  use  as  current  money,  Nos.  245, 

246,  261-26a 
postal  money-order  with   forged  endorsement,  receipt  or   signature 

thereon,  Nos.  329,  331,  332,  334,  336,  841. 
forged  and  altered  postal  money -order,  Nos.  339,  340. 


INDEX.  557 

PATENT, 

subornation  of  perjury  in  oath  to  application  for,  No.  217. 

PEDDLER,  (see  INTERNAL-REVENUE  LAWS.) 

PENALTY, 

whether  recoverable  by  indictment  or  by  penal  action,  No.  115,  note  1. 

PENSION,  (see  PRESENTING.) 

making  and  presenting  to  Commissioner  of  Pensions  a  false  claim  for 

increase  of,  Nos.  121,  123. 
making  and  using  a  false  affidavit,  for  purpose  of  obtaining  payment 

of  false  claim  for  increase  of,  Nos.  122,  124. 
making  and  presenting  to  Commissioner  of  Pensions  a  false  claim  for 

restoration  of,  No.  125. 
making  and  presenting  to  a  pension-agent  a  false  claim  for,  Nos.  126, 

128,  129,  131. 
making  and  using  a  false  affidavit,  for  purpose  of  obtaining  and  aiding 

to  obtain  payment  of  false  claim  for,  Nos.  127,  132, 133. 
causing  and  procuring  to  be  made,  and  presenting  and  using,  a  false 

affidavit  in  support  of  a  claim  for,  Nos.  130,  133. 

PENSION- ATTORNEY,  (see  PENSION  ;  PRESENTING.) 

contracting  for  and  demanding  and  receiving  illegal  fees,  Nos.  188-202. 

PENSION-MONEY, 

endeavoring  to  have  paid  on  pension-check  by  virtue  of  forged  endorse- 
ment, Nos.  119,  120. 
presenting  false  claim  for,  to  pension-agent,  Nos.  126,  128,  129,  131. 

PERFORMANCE, 
plea  of,  No.  718. 

PERJURY, 

by  witness  in  United-States  court,  No.  213. 

in  affidavit  of  surety  of  one  held  to  bail,  made  before  a  United-States 

Commissioner,  Nos.  214,  215. 
in  declaration  of  a  surety  of  a  cigar-manufacturer,  sworn  to  before  a 

deputy  collector  of  internal  revenue,  No.  216. 
subornation  of,  No.  217. 

"PERSONS  UNKNOWN," 

manner  of  referring  to  in  an  indictment,  No.  6,  note  11. 
charging  with  offense,  in  complaint,  No.  33. 
PETITION, 

of  complaint  for  delivery  of  property  on  bond,  No.  663. 
for  a  writ  of  habeas  corpus  ad  testificandum,  Nos.  722,  724. 
of  a  revenue  officer  for  removal,  to  a  United-States  court  of  a  suit 
against  him  in  a  state  court,  Nos.  727,  728. 

PLEA, 

in  criminal  cases, 

nolo  contendere,  to  indictment,  No.  11. 
information,  No.  12, 


558  INDEX. 

PLEA  —  continued. 
in  civil  cases, 

motion  to  strike  improper,  from  files,  No.  705. 
of  nil  debet,  and  similiter,  No.  708. 

No.  716. 

of  nil  debent,  non  est  factum,  and  performance  generally,  Na  718. 
of  non  assumpsit,  Na  729. 
of  not  guilty,  to  an  action  on  the  case,  Na  733. 
POOR  CONVICT, 

application  to  United-States  Commissioner  for  discharge  of,  No.  49. 

Commissioner's  warrant  to  produce,  No.  50. 

notice  to  United-States  Attorney  of  application  of,  No.  51. 

oath  of,  on  application  for  discharge,  No.  52. 

Commissioner's  certificate  to  jailer  of  discharge  of,  Na  53. 

POSSESSION,  (see  HAVING  IN  POSSESSION.) 
POSTAL  LAWS, 
crimes  under, 

assaulting  letter-carrier,  No.  264. 

enclosing  first-class  mail  in  third  class,  No.  265. 

postmaster  opening  and  detaining  letter,  No.  266. 

person  employed  in  postal  service  embezzling  letters  not  containing 
anything  of  value,  Nos.  267,  358,  366,  370,  375,  376. 

larceny  and  unlawful  taking  and  obtaining  of  mail-matter  not  con- 
taining articles  of  value,  Nos.  268-284,  357,  359,  378,  392,  399,  400. 

sending  obscene,  lewd  and  lascivious  letters,  books,  etc.,  through 
the  mails,  Nos.  285-297. 

mailing  circulars,  notices,  etc.,  concerning  articles  designed  for  the 
prevention  of  conception,  the  procuring  of  abortion,  or  for  im- 
moral use,  Nos.  298-303. 

mailing  indecent,  libelous  and  threatening  postal  cards,  Nos.  304- 
309. 

mailing  circulars,  letters,  etc.,  concerning  lotteries,  Nos.  310-323. 

forging  money-orders,  Nos.  324-326. 

stealing  property  belonging  to  the  Post-Office  Department,  No.  327. 

forging  material  endorsement  on  money-orders.  No.  328. 

passing  money-order  with  forged  endorsement  thereon,  No.  329. 

forging  material  signature  to  a  receipt  on  a  money -order,  Nos.  330, 
833,  335,  341,  403,  417. 

passing  money-order  with  forged  signature  to  a  receipt  thereon, 
Nos.  831,  332,  334,  336,  341. 

presenting  a  false  claim  for  the  amount  of  a  money-order  to  a  post- 
master, Nos.  337,  4ia 

altering  a  money-order,  Nos.  838,  339,  342. 

passing  a  forged  and  altered  money-order,  No.  340. 

embezzlement  of  letters  and  packets  containing  articles  of  value, 
by  persons  employed  in  the  postal  service,  Nos.  843,  346-353,  355, 
860,  362,  364-369,  371-874,  377. 

person  employed  in  postal  service  stealing  money  and  valuables 
out  of  letters  and  packets  in  the  mail,  Nos.  344,  845,  354,  356,  361, 
863. 


INDEX.  559 

POSTAL  LAWS  —  continued. 
crimes  under  —  continued. 

taking  letters  and  packets  containing  articles  of  value  from  the 
mail,  and  from  an  authorized  depository  for  mail-matter,  and 
opening  and  embezzling  the  sa*ne,  Nos.  357,  381,  385, 389, 393,  395, 
396-398,  401,  404,  405,  407,  410-413,  415,  416. 

stealing  the  mail,  Nos.  379,  383,  387,  414. 

stealing  letters  and  packets  from  and  out  of  the  mail  or  post-office, 
Nos.  380,  384,  3S8,  391,  394. 

stealing  mail-bag.  No.  382. 

tearing,  cutting  and  injuring  mail-bag  and  pouch,  Nos.  386.  390. 

obtaining  letters  and  packets  from  post-office  officials  by  fraud  and 
deception.  Nos.  284,  402,  406,  408. 

stealing  mail-matter  from  authorized  depository,  No.  409. 

buying,  receiving  and  concealing  and  having  in  possession  postage- 
stamps  stolen  from  a  post-office,  Nos.  419,  420,  423-425. 

stealing  postage-stamps  belonging  to  the  United  States  in  another 
district  and  having  them  in  possession  in  the  district  where  in- 
dictment is  found,  Nos.  421,  422. 

breaking  into  a  building  used  in  part  as  a  post-office,  with  intent  to 
commit  larceny  therein,  Nos.  426,  428,  430. 

stealing  and  purloining  keys  suited  to  locks  on  mail-bags,  No.  427. 

breaking  into  a  post-office,  with  intent  to  steal  therein,  Nos.  429, 431. 

forging  an  affidavit  and  a  bond  for  the  purpose  of  defrauding  the 
United  States,  Nos.  432-434. 

using  the  mails  in  execution  of  schemes  to  defraud,  Nos.  435-455. 

obstructing  the  mail,  Nos.  456,  457. 

embezzlement  of  money -order  funds  and  public  money  by  persons 
in  the  postal  service.  Nos.  458,  459,  461-463,  466-473. 

neglecting  to  deposit  postal  revenues,  Nos.  460,  464,  465,  469. 

establishing  a  private  express  for  the  conveyance  of  letters,  No.  474* 

using  an  official  envelope  for  private  mail-matter,  No.  ^75. 

postmaster  making  false  return  to  increase  his  compensation,  No.  476. 
civil  proceedings  under, 

action  of  debt  to  recover  proceeds  of  money-order  business,  with- 
held by  a  postmaster ;  common  counts,  No.  690. 

appearance  of  defendant,  No.  691. 

waiver  of  jury,  No.  692. 

special  findings  of  fact,  No.  693. 

prcecipe  for  writ  of  error,  No.  694. 

action  of  debt,  against  one  of  the  sureties,  "on  the  bond  of  a  post- 
master failing  to  pay  over  public  moneys,  No.  695. 

action  of  debt,  on  bond  of  a  postmaster,  against  the  principal  and 
all  the  sureties  but  one  (deceased)  to  recover  money  due  on  postal 
and  money-order  accounts,  No.  696. 

motion  for  leave  to  amend  declaration,  No.  697. 

notice  of  further  claim,  No.  698. 

similiter  to  certain  pleas,  and  replication  de  injuria  to  others, 
No.  699. 


560  INDEX. 

POSTAL  LAWS  —  continued. 

civil  proceedings  under  —  continued. 

order  of  court  sustaining  motion  to  amend,  overruling  motion  for 
a  new  trial  and  in  arrest  of  judgment;  giving  judgment  for 
plaintiffs ;  and  allowing  defendant  thirty  days  to  present  a  bill  of 
exceptions,  No.  700. 
defendant's  bill  of  exceptions.  No.  701. 
information  of  debt  to  recover  the  amount  of  money -orders  wrongly 

paid,  No.  702. 
PRJECIPE, 

for  bench-warrant,  No.  28. 

for  summons  in  action  of  debt,  Nos.  681,  686. 

for  writ  of  error  and  transcript,  No.  694. 

for  alias  summons  for  one  or  more  of  several  defendants,  No.  743. 

for  a  subpoena,  No.  744. 

for  a  writ  of  fi,  fa.,  No.  745. 

PREMISES,  (see  REAL  ESTATE.) 
PRESENTING,  (see  TRANSMITTING.) 

to  an  officer  of  the  United  States,  a  forged  writing  in  support  of  an  ac- 
count, No.  82. 

to  an  officer  of  the  United  States,  a  false  claim  for  a  soldier's  pay, 
No.  84 

to  a  post-office  clerk,  a  false  claim  for  the  amount  of  a  money-order, 
Nos.  86,  418. 

to  Commissioner  of  Pensions,  a  false  claim  for  increase  of  pension,  Nos. 
121,  123. 

to  Commissioner  of  Pensions,  a  false  affidavit  to  obtain  approval  of  a 
claim  for  increase  of  pension,  Nos.  122,  124 

to  Commissioner  of  Pensions,  a  false  claim  for  restoration  of  pension, 
No.  125. 

to  pension-agent,  a  false  claim  for  pension,  Nos.  126,  128,  129,  181. 

to  Commissioner  of  Pensions,  a  false  affidavit  in  support  of  a  pension 
claim,  No.  13U. 

to  pension -agent,  a  false  affidavit  in  support  of  a  false  claim  for  in- 
stallments of  pension,  Nos.  132,  133. 
PRISONERS, 

removal  of,  for  trial  in  another  district,  Nos.  14-21. 

marshal's  receipt  for,  No.  20. 
(See  POOR  CONVICT.) 

PRIVATE  EXPRESS, 

establishing  for  conveyance  of  letters  over  post-routes,  No.  474 
"PROBABLE  CAUSE," 

what  the  words  import,  No.  742,  note  1. 

order  of  court  certifying,  No.  742. 

PROCURING,  (see  AIDING  AND  ABETTING.) 
PROOF  OF  NOTICE, 

of  motion  for  further  security  for  costs,  No.  730. 


INDEX.  ab'l 


PUBLIC  MONEYS, 

embezzlement  of,  Nos.  153,  466-468,  470-473. 

how  described,  Nos.  152,  205,  210,  459,  460,  465,  468.  469,  471,  616. 

embezzlement  of,  by  internal-revenue  officer,  Nos.  203-207. 

receiving  from  an  agent  of  the  United  States  in  payment  of  agent's 

private  debt,  Nos.  208-211. 
QUANTITY, 

alleged,  need  not  be  proven,  No.  6,  note  13. 

QUARTERMASTER, 

information  of  debt  on  bond  of,  No.  713. 

QUI  TAM, 

action  of  debt,  declaration  or  information.  No.  630,  note  1. 

REAL  ESTATE, 

describing,  in  justification  of  bail,  No.  24. 

search-warrant,  Nos.  46,  48. 

indictment,  Nos.  215,  216. 

information  in  rer/i,  No.  655. 

deed  of  trust,  No,  709. 
bill  to  set  aside  conveyance  of,  No.  748. 

RECEIVER, 

bill  in  chancery  praying  appointment  of,  No.  748. 

RECEIVER  OF  PUBLIC  MONEYS, 

information  of  debt  on  bond  of,  No.  714. 

RECEIVING  AND  CONCEALING,  (see  HAVING  IN  POSSESSION.) 

moneys  stolen  from  the  United  States.  No.  212. 

postage-stamps  stolen  from  the  United  States,  Nos.  419,  425. 

merchandise  imported  contrary  to  law,  Nos.  481,  483-485. 
RECITAL, 

"  being  "  not,  No.  6,  note  7. 

RECOGNIZANCE,  (see  BAIL-BOND.) 

before  a  clerk,  to  answer  to  indictment,  No.  13. 

United  States  Commissioner,  on  continuance,  No.  40. 

holding  to  bail,  No.  42. 

must  be  to  pending  or  next  regular  term  of  court,  No.  42,  note  1. 
RECTIFIER,  (see  INTERNAL-REVENUE  LAWS.) 
REFERRING  to  matters  in  previous  count,  No.  437,  note  4  \ 
REMITTITUR 

of  part  of  damages  assessed,  Nos.  700,  701, 
REMOVAL, 

of  prisoner  to  another  district  for  trial,  Nos.  14-21. 
of  suit  in  state  court  against  a  revenue  officer  to  a  United-States  court, 
petition  for,  Nos.  727,  72a 
M 


562  INDEX. 

REPLICATION, 

de  injuria  to  certain  pleas,  and  similiter  to  others,  No.  699. 

to  return  to  a  writ  of  habeas  corpus  for  a  United-States  officer,  No.  726. 

de  injuria,  No.  739. 

to  answer  to  bill  in  chancery,  No.  749. 

information  in  chancery,  No.  750. 
RETAIL  LIQUOR-DEALER,  (see  INTEUNAL-REVENUE  LAWS.) 

RETURN, 

of  marshal  on  warrant  to  apprehend,  No.  15. 

of  removal,  No.  21. 
REVISED  STATUTES  AND  ACTS  OF  CONGRESS, 

referred  to  in  forms  adapted  to  criminal  cases, 

Section 

of  R  S.    Form  Numbers. 

730  —  223,  47a 

906— ia 

911  — 19. 

912  —  19. 

1014  — 17,  19,  55. 

1029  —  20. 

1042  —  52,53. 

2011  — 181. 

2021  — 179. 

2165  —  87. 

2167  —  87. 

2289  — 15a 

2865  —  482.- 

8082  —  481,483,484,485. 

8105  —  486,  487. 

8169  —  488,  489,  490,  491,  492,  491 

8177  —  494,496. 

8179  —  497. 

8239  —  499,500. 

8242  — 498,  501,  502,  50a 

8247  —  502,  note. 

8257  —  509. 

8258  —  150,  506,  507,  511,  512,  5ia 
8266  —  508,  517,  530. 

8268  —  521,  522. 
8279—518,523,524 

8281  — 148,  149,  510,  514,  515. 

8282  —  504,  505,  516,  527,  528,  529. 
8296  —  142,525. 

8318  —  531,  532,  533,  534,  535,  536,  537. 

8320  —  538,  539. 

3824  _  640,  543,  544,  545,  546,  547,  548,  550. 

8326  —  549,  551. 

8337  — 55a 

3340  —  553,  554,  555,  556,  557,  55a 

8342  —  559. 


INDEX.  563 

REVISED  STATUTES  AND  ACTS  OF  CONGRESS  —  continued. 
referred  to  in  forms  adapted  to  criminal  cases  —  continued. 
Section 
of  R.  S.    Form  Numbers. 

3343  —  561,  562,  563,  564,  565,  568. 

3344  _  560,  566,  569,  574. 
3354  —  567,  570,  571,  572,  57i 
8360  —  575,  576. 

3363  —  577. 
3376  —  541,  57& 

8383  —  579. 

8384  —  580,  581,  582,  583,  584. 
8387  —  586,  591. 

'  '  •  :  8388  —  587. 

8390  —  588,  589,  590. 

3397  —  585,  592,  593,  594,  595,  596,  597,  598,  599,  600.  601,  603,  604 

8403  —  602. 

3404  —  605. 

3406  —  542,  606,  607,  608,  609,  610,  611,  612. 

8450  —  519,  520r  526. 

8451  —  79,  434,  6ia 
3455  —  552. 

8456  —  538,  539. 
8511  —  224 
8513  —  229. 
3515  —  255. 
8708  —  614,  615. 
-    3869  —  264. 
8887  —  265. 

8891  —  266,  267,  358,  364,  366,  370,  875,  878. 

8892  —  268,  269,  270,  271,  272,  273,  274, 275,  276,  277,278,  279,  280,  281, 

282,  359,  399,  400,  474 

8893  —  285,  286,  287,  288,  289,  290,  291,  292,  293,  294,  295,  296,  297, 

298,  299,  300,  301,  302,  303. 

8894  —  810,  311,  312,  313,  314,  315,  316,  317,  818,  819,  320,  321,  822, 

32a 

3995  —  456,457. 
4046  —  458,  459,  46!,  462,  463. 
4053  —  460,464,465,  409. 
4596  —  477,478,479,480. 
6188  —  115,  614 

5209  —  618,  619,  620,  621,  622,  623,  624  625,  626,  627,  628,  629. 
5211—620. 

6347  — 221,  (1)  and  (2). 
6356  —  222,  223. 
6392  —  213,214,215,216. 
5393—217. 

6396  —  213,  note  6. 

6397  — 217,  note. 


504  INDEX. 

REVISED  STATUTES  AND  ACTS  OF  CONGRESS  —  continued. 
referred  to  in  forma  adapted  to  criminal  cases  —  continued. 

Section 

of  R  S.  Form  Numbers. 

5898  —  218,219,220. 

5413  —  57,98. 

.5414  —  57,  59,  60,61,  62. 

5415  —  63,  64,  65,  66. 

5418  —  67,  70,  71,  72,  74,  75,  77,  78,  82. 

5421  —  68,  69,  70,  71,  73,  76,  80,  81,  83,  83,  85,  326,  335,  417. 

5425  —  87,  88. 

5428  —  89,  90. 

5430  —  91,  92,  93,  94,  95,  96,  97. 

5431  —  58,  61,  62,  70,  71,  98,  99,  100,  101,  102,  103,  104,  105,  106,  107, 

108,  109,  110,  118,  114,  115,  116,  117,  lia 
5436—119,  120. 
5433  —  84,  86,  121,  122,  123,  124,  125,  126,  127,  128,  129,  130,  131,  182, 

133,  337,  418. 

5439  — 134,  135,  136. 

5440  — 139,  140,  141,  143,  144,  145,  146,  147,  151,  154 
5447  —  495. 

5456  —  137,  138,  152. 

5457  _  224,  225,  226,  227,  228,  229,  230,  231,  232,  233,  234,  235,  236, 

237,  238,  239,  240,  241,  242,  243,  244,  245,  246,  247,  248,  249, 
250,  251,  252,  253. 

5458  —  254,  255,  256,  257,  258,  259,  260. 
5461  —  261,  262,  263. 

5463  -  324,  825,  328,  329,  330,  331,  332,  333,  334,  336,  338,  339,  840,  341, 
342,  403. 

5467  —  343,  344,  345,  346,  347,  348,  349,  850, 351, 352,  353, 354,  855,  356, 

860,  361,  362,  363,  364,  865,  367,  868,  369,  371,  872,  373,  874, 
877. 

5468  —  844 

5469  —  283,  284,  357,  878,  379,  880,  881,  383,  384,  885,  387, 388, 889,  391, 

392,  393,  894,  395,  896,  897,  898,  401,  402,  404,  405,  406,  407, 
408,  409,  410,  411,  412,  413,  414  415,  416. 

5470  —  419,  420,  425. 
6475  —  827,882. 

5476  —  886,  890. 

5477  —  427. 

5478  —  426,  428,  429,  480,  481. 

5479  —  59,70,71,482,433. 

6480  —  435,  436,  437,  438,  439,  440,  441,  442,  443,  444,  445,  446,  447, 449, 
460,  451,  452,  453,  454,  455. 

6484  —  187. 

6485  —  188,  189,  190,  191,  192,  198,  194  195,  196,  197,  198,  199,  200, 

201,202. 

6488  — 470,  471,  47a 
6490  —  203,  204,  205,  472,  473. 


INDEX.  565 

REVISED  STATUTES  AND  ACTS  OF  CONGRESS  —  continued. 
referred  to  in  forms  adapted  to  criminal  cases  —  continued, 
Section 

of  R.  S.    Form  Numbers. 
5497  —  153,  306,  207,  208,  209,  210,  211,  467,  468. 

5508  — 154,  155,  156, 157,  158. 

5509  —  154 

5511  —  159,  160,  161,  162,  168,  164,  165,  166, 167,  16a 

5512  —  169, 170,  171,  172,  173,  174,  175,  176. 

5513  —  174 

5522  — 177,  178,  179,  180,  181,  219. 

5523  — 182,  183. 

Sec.  16,  Act  Feb.  8, 1875,  (1  Supp.  R  S.,  2d  Ed.,  60),  Nos.  498,  501,  502. 

503. 
Sec.  1,  Act  Mar.  3,  1875,  (1  Supp.  R  S.,  2d  Ed.,  88),  Nos.  421,  422,  466, 

61G,  617. 

Sec.  2,  Act  Mar.  3,  1875,  (1  Supp.  R  a,  2d  Ed.,  89;,  Nos.  212, 423,  424 
Sec.  5,  Act  Mar.  3,  1877,  (1  Supp.  R  S.,  2d  Ed.,  136),  No.  475. 
Sec.  1,  Act  June  17,  1878,  (1  Supp.  R  S.,  2d  Ed.,  186),  No.  476. 
Par.  1,  Act  Mar.  3,  1879,  (1  Supp.  R  S.,  2d  Ed.,  245),  No.  474 
Act  Apr.  18,  1884,  (1  Supp.  R  S.,  2d  Ed.,  425),.  Nos.  184,  185,  186. 
Sec,  4,  Act  May  16,  1884,  (1  Supp.  R  S.,  2d  Ed.,  429),  Nos.  Ill,  112. 
Sec.  4  Act  Aug.  4  1886,  (1  Supp.  R  S.,  2d  Ed,  512),  No.  343. 
Sec.  1,  Act  Sep.  26,  1888,  (1  Supp.  R  S.,  2d  Ed.,  621),  Nos.  304,  305, 

306,  307,  308,  309.     For  Sec.  2,  see  Sec.  3893,  R.  S. 
Sec.  2,  Act  Mar.  2,  1889,  (1  Supp.  R  S.,  2d  Ed.,  695),  No.  44a 
Sec.  5,  Act  Mar.  3,  1891,  (1  Supp.  R  S.,  2d  Ed.,  942),  No.  15d 
Act  Feb.  8,  1894  Nos.  159-183. 
referred  to  in  forms  adapted  to  civil  cases, 
Section 

of  R  8.    Form  Numbers. 
643  —  727,  728. 
850  —  747. 
970  —  672. 

2491  —  649. 

2492  —  649. 
2802  —  641,644 

2864  —  644,  647. 

2865  — 641,  64a 
2899  —  65a 
2901  — 65a 
2970  —  652. 
2987— 65L 

3082  -  640,  641,  644,  646,  647,  64a 

3088—636. 

3156  —  687. 

3169  —  687. 

3176  —  682. 

3182  —  685,  68a 

3184  —  685,  689. 


M>6  INDEX. 

REVISED  STATUTES  AND  ACTS  OF  CONGRESS  —  continued.      . 
referred  to  in  forms  adapted  to  civil  cases  —  continued. 
Section 

of  R.  S.    Form  Numbers. 
8237  —  683. 
8244  —  682. 

8257  —  655,  658,  660. 

8258  —  664 

8281  —  055,  658,  660,  664, 

8293  -  680. 

8307  —  684 

8324  —  679. 

8337  —  673. 

8340  —  666,  67a 

8354  —  666. 

'3392  —  676. 

8397  —  675,676. 

8398  —  675,676. 
8400  —  675,676,677. 
8408  —  675. 

8453  —  658,  664,  675,  677,  67a 
8456—684 
4047  —  69a 
4057  —  702. 

4233  —  635. 

4234  —  635. 
4325—638. 

4399  — 634,  note  a 

4400  —  634,  note  8. 
4417  —  637,  note. 
4418—637,  note. 
4421  —  634,  note  4 
4423  — 634,  note  4 
4488  — 637,  63a 

4465  —  630,  634,  63ft. 

4466  —  63& 
4468  —  639. 
4488  —  638. 

4499  — 630,  637,  638,  63ft 

Sec.  4,  Act  June  22,  1874  (1  Supp.  R  a,  2d  Ed.,  82),  Noa  641,  644, 

Mft 
Sec.  16,  Act  Felx  8,  1875  (1  Supp.  R.  S.,  2d  Ed,  60),  Nos.  655,  658, 660, 

664665. 

Sea  8,  Act  June  10,  1890  (1  Supp.  R  a,  2d  Ed.,  745),  No.  647,  note  2. 
Sec.  9,  Act  June  !<*,  1890  (1  Supp.  R  S.,  2d  Ed,  749X  Noa  641,  645, 

646,  647,  64a 

Sec.  15,  Act  June  10,  1890  (1  Supp.  R  S.,  2d  Ed,  751),  Na  654 
Sea  11,  Act  Oct  1,  1890  (1  Supp.  R  a,  2d  Ed.,  859),  No.  649. 
Sec.  13,  Act  Oct  1,  1890  (1  Supp.  R  a,  2d  Ed,  860),  Na  649. 


INDEX.  567 

REVISED  STATUTES  AND  ACTS  OF  CONGRESS  —  continued. 

referred  to  in  forms  pertaining  to  accounts  and  fees  of  United  States 

Attorneys  and  Commissioners, 
Section    Page, 
ofRS. 

824  —  530,534 

839  —  516. 

833  —  521. 

847  —  521,533. 

877  —  516. 

891  —  533. 

Sec.  1,  Act  Feb.  22, 1875  (1  Supp.  R  S.,  2d  Ed,  65),  pages  513,  517,  518. 

Act  March  3,  1893,  (27  U.  S.  Stat  at  L.,  609.)  pages  615,  533. 

SCHEME  TO  DEFRAUD,  (see  POSTAL  LAWS.) 

SCIENTER, 

manner  of  alleging,  in  complaint,  No.  36. 

when  must  be  alleged,  Nos.  99,  156,  177,  264,  285,  note  1,  494. 

when  need  not  be  alleged,  No.  188,  note  3. 

SEAMAN, 

desertion  of  vessel  by,  No.  477. 

disobeying  command  of  master,  No,  478. 

assaulting  master,  Nos.  479,  480. 

combining  with  others  to  disobey  commands,  etc.,  No.  480. 

SEARCH-WARRANT, 

affidavit  for,  under  Sec.  3066,  R  S.,  (customs),  No.  45. 

to  customs  officer,  under  Sec.  3066,  R  S.,  No.  46. 

affidavit  for,  under  Sec.  3462,  R  S.,  (internal-revenue),  No.  47. 

to  internal-revenue  officer,  under  Sec.  3462,  R  S.,  No.  48. 
SELLING  COUNTERFEITS,  (see  PASSING;  UTTERING.) 
SIGN,  (see  INTERNAL-REVENUE  LAWS.) 

SIMrLITER, 

to  certain  pleas,  and  replication  de  injuria  to  others,  No.  699. 
to  plea  of  nil  debet,  No.  708. 

new  eat  factum,  No.  719. 
Nos.  735,  736. 
common,  No.  737. 
special,  No.  738. 

SMUGGLING,  (see  CUSTOMS  LAWS.) 
SPECIAL  FINDINGS  of  facts,  No.  69i 
SPIRITS,  (see  INTERNAL-REVENUE  LAWS.) 
STAMPS,  (see  INTERNAL-REVENUE  LAWS.) 
STEALING,  (see  LARCENY  ;  EMBEZZLEMENT.) 
STILL,  (see  INTERNAL-REVENUE  LAWS.) 
STIPULATION, 

as  to  value  of  property  seized,  Nos.  656,  659,  740. 


5G8  INDKX. 

STOREKEEPER, 

internal-revenue,  (see  INTERNAL-REVENUE  LAWS.) 

SUBPCENA, 

of  United  States  Commissioner,  No.  39. 
prcecipe  for,  No.  744. 
in  chancery,  No.  751. 

SUMMONS, 

to  answer  to  an  information  of  debt,  No.  674 

prcecipe  for,  Nos.  686,  743. 
SUPERSEDEAS, 

bail-bond  on  granting  of,  in  a  criminal  case,  No.  25. 

SUPREME-COURT  RULES, 

Rule  36,  see  No.  25. 
TENOR, 

how  indicated,  No,  6,  note  12;  see  FORGERY. 
TESTE, 

of  warrant  issued  by  United-States  district  judge,  Nos.  17.  19. 

Commissioner,  Nos.  38,  39. 

of  mittimus  of  United-States  Commissioner,  Nos.  41,  44. 

of  search-warrant  of  United-States  Commissioner,  Nos.  46,  48. 

of  United-States  Commissioner's  warrant    to    produce  poor   convict, 
No.  50. 

of  United-States  Commissioner's  certificate  of  discharge  of  poor  con- 
vict, No.  53. 

of  United-States  Clerk's  certificate,  No.  56. 

of  attachment  and  monition  of  district  court,  Nos.  631,  642,  650. 

of  summons,  No.  674. 

of  deed  of  conveyance,  No.  709. 
"THEN  AND  THERE," 

use  of  words,  No.  6,  note  10. 
"THERE  AND  THEN," 

use  of  words,  No.  6. 
TIME, 

of  commission  of  offense,  how  charged,  in  first  count  of  indictment, 
Nos.  1,  4,  6,  notes  10  and  15. 

of  commission  of  offense,  how  charged,  in  subsequent  counts  of  indict- 
ment, Nos.  2,  3,  5. 

of  commission  of  offense,  how  charged,  in  criminal  information,  Nos.  7, 
8,9. 

of  commission  of  offense,  how  charged,  in  complaints,  Nos.  27-37. 
TOBACCO,  (see  INTERNAL-REVENUE  LAWS.) 
TRANSCRIPT, 

of  United-States  Commissioner,  on  certifying  a  cause  into  court,  No.  55. 

of  record,  prcecipe  for,  No.  694. 

TRANSMITTING,  (see  PRESENTING.) 

to  Commissioner  of  Pensions,  a  false  claim  for,  or  a  false  or  forged  writ- 
ing in  support  cf,  a  pension  claim.  Nos.  73,  76,  121,  123,  125. 


INDEX.  569 

TROVER, 

declaration  in,  for  logs  cut  on  public  lands.  No.  721. 
TRUST, 

deed  of,  No.  709. 

UNITED-STATES  ATTORNEY,  (see  DISTRICT  ATTORNEY.) 

UNITED-STATES  COMMISSIONERS,  (see  ACCOUNT;  ACKNOWLEDGMENT ; 
AFFIDAVIT  ;  ALIAS  DICTUS  ;  BAIL  ;  COMPLAINT  ;  COMMITMENT  ;  CRIMES  ; 
POOR  CONVICT;  RECOGNIZANCES,  etc.) 
"UNLAWFULLY," 

when  word  must  be  used,  No.  6,  note  8. 
UTTERING,  (see  PASSING.) 

definition  of  word  -'utter.''  No.  231,  note  2. 

and  publishing  forged  writing  relating  to  a  pension  claim,  No.  75. 
distiller's  bond,  No.  78. 
soldier's  discharge.  No.  81. 

publishing  and  selling  forged  national-bank  note,  No.  109. 
and  tendering  in  payment  forged  Bank-of-England  note,  No.  112. 
circulating  and  using  a  business-card  in  likeness  of  national-bank  notes 

and  United-States  notes,  Nos.  115,  614,  615. 
and  selling  counterfeit  coins,  No.  226. 

and  publishing  a  postal-money  order  with  a  forged  receipt  thereon  writ- 
ten, No.  386. 

and  publishing  a  forged  and  altered  postal  money-order,  No.  340. 
VALUE, 

alleged,  need  not  be  proven,  No.  6,  note  13 ;  No.  626,  note  1. 
of  property  seized,  consent  fixing,  Nos.  656,  659,  740. 
bond  for,  on  delivery  of  property  seized,  No.  741. 
VENUE, 

in  indictments,  Nos.  1-6. 
in  criminal  information.  No.  7. 
in  complaints,  Nos.  27-37. 
alleging  division  of  district,  No.  6. 
county  in  district,  No.  37. 
in  recognizance,  Nos.  40,  42. 

description  of,  need  not  be  repeated,  No.  6,  note  IS, 
VINEGAR  (see  INTERNAL-REVENUE  LAW&) 
WAIVER, 

of  jury,  No.  692. 
WARRANT, 

of  district  judge,  to  apprehend  one  indicted  in  another  district,  No.  14. 
of  district  judge,  for  removal  of  prisoner,  No.  16. 

of  district  judge,  for  removal  of  prisoner  committed  by  a  United-States 
Commissioner  in  default  of  bail  for  his  appearance  in  another  district 
for  trial,  Nos.  17,  19. 

of  United-States  Commissioner  to  apprehend,  on  complaint,  No.  38. 
of  United-States  Commissioner  to  produce  poor  convict  at  hearing  be- 
fore United-States  Commissioner  of  application  for  discharge,  No.  50. 


570: 

"WILLFULLY," 

when  need  not  be  used,  No.  188,  note  3. 

when  must  be  used,  No.  213,  note  6. 
WITNESS,  (see  SUBPCENA.) 

United-States  Commissioner's  certificate  of  attendance  of,  and  order  of 
payment  of  fees  to,  No.  54. 

to  execution  of  instrument,  No.  671. 

United-States  Attorney's  certificate  of  attendance  of,  No.  746. 

sworn  bill  of  expenses  of  a  clerk  or  other  officer  of  the  United  States, 
incurred  in  attending  as.  No.  747. 

indictment  against,  for  perjury  in  a  United-States  court,  No.  219. 
WRIT, 

of  error,  prcecipe  for,  No.  694. 

of  habeas  corpus,  see  HABEAS  CORPUS. 

of  certiorari,  petition  for,  No.  728. 

of  fieri  facias,  prcecipe  for,  No.  745. 


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